HARRISBURG – A Maryland woman who alleged that the organizing companies of the York State Fair were negligent in failing to prevent her injuries when a passing thunderstorm caused her to be hit by a metal object when she was attending the fair, has seen her case remanded to a Pennsylvania state court.
Jarielly Rivera of Brooklyn, Md. first filed suit in the York County Court of Common Pleas on April 17 versus York County Agricultural Society (doing business as “York State Fair” and “York Expo Center”) of York and Strates Shows, Inc. of Orlando, Fla.
“On or about July 28, 2021, a sunny day, the plaintiff, along with other family members, was enjoying the York State Fair in York County, PA, where they had arrived at approximately 3 p.m. On July 28, 2021, at approximately 4:45 p.m., the plaintiff was by the Ferris wheel when it began to drizzle, which was followed immediately by a pouring rain with hail and severe winds. The force of the impending storm caused tents and awnings to collapse, blow over and blow about the fairgrounds area,” the suit said.
“While attempting to get to a safe, covered location for herself and other family members, including small children in strollers, the plaintiff and other members of her family were struck by a large metal object. As a result of the large metal object striking the plaintiff, she sustained serious personal injuries, including but not limited to, injuries to her head, shoulder, knees, soft tissue injuries and various other ills and injuries. As a result of this incident, plaintiff has incurred medical expenses in the treatment, medication, and other miscellaneous expenses for her injuries and may continue to incur medical expenses in the future treatment of her injuries.”
The suit added that the defendants were collectively negligent in failing to warn the fair guests of the approaching thunderstorm, failing to provide a safe environment and failing to ensure that property objects at the fair, including concession stands, were set up and secure in a safe and secure manner so as to avoid harm in any way to the general public, among other instances of negligence.
The York County Agricultural Society and Strates, Inc. then removed the case to the U.S. District Court for the Middle District of Pennsylvania on April 27.
UPDATE
On May 9, plaintiff counsel filed a motion to have the case remanded to the York County Court of Common Pleas, arguing an improper removal had taken place.
“The defendant’s notice of removal sets forth as grounds for removal diversity of citizenship and amount in controversy, and cites to 28 U.S.C. Section 1332. 28 U.S.C. Section 1441(b)(2), provides that a case ‘otherwise removable solely on the basis of diversity of jurisdiction…may not be removed if any of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought,” the remand motion said.
“Defendant York County Agricultural Society (doing business as “York State Fair/York Expo Center”), is a Pennsylvania corporation/citizen, with its headquarters and nerve center at 334 Carlisle Avenue, York, York County, PA 17404. Defendant York Fair – York Expo Center, is a Pennsylvania corporation/citizen, with its headquarters and nerve center at 334 Carlisle Avenue, York, York County, PA 17404. Defendant York State Fair, is a Pennsylvania corporation/citizen, with its headquarters and nerve center at 334 Carlisle Avenue, York, York County, PA 17404. Defendant, Strates Shows, Inc., is the only defendant not a citizen of Pennsylvania.”
Plaintiff counsel explained the York County Sheriff properly served all the Pennsylvania defendants on March 29.
“All three Pennsylvania defendants therefore were properly joined and served as defendants on March 29, 2023, before the defendant Strates Shows, Inc., filed the notice of removal on April 27, 2023. Pursuant to 28 U.S.C. Section 1441(b)(2), removal in this matter on diversity of citizenship grounds is improper, where three parties in interest are citizens of Pennsylvania, and these parties were properly joined and served prior to the filing of the notice of removal. Wherefore, the plaintiff Jarielly Rivera respectfully requests that this Court enter an order remanding this case to the York County Court of Common Pleas,” the remand motion continued.
U.S. District Court for the Middle District of Pennsylvania Judge Yvette Kane issued an order on May 10 to remand the case to York County.
“Upon consideration of plaintiff Jarielly Rivera’s unopposed motion to remand the above-captioned action to the York County Court of Common Pleas, it is ordered that: 1) Plaintiff’s motion is granted; 2) The above-captioned action is remanded to the York County Court of Common Pleas; 3) Defendants York County Agricultural Society (doing business as “York State Fair, York Expo Center, York Fair-York Expo Center and York State Fair”)’s motion for an extension of time to file an answer to plaintiff’s complaint is denied as moot and 4) The Clerk of Court is directed to close this case,” Kane ordered.
For multiple counts of negligence, the plaintiff is seeking compensatory damages in an amount in excess of the arbitration threshold, together with interest, costs of suit and delay damages
The plaintiff is represented by Evan J. Kline III of Katherman Briggs & Greenberg, in York.
The defendants are represented by John W. Croumer of Post & Schell in Lancaster, plus Maureen E. Daley of Rawle & Henderson and William P. Corcoran of Sweeney & Sheehan, both in Philadelphia.
U.S. District Court for the Middle District of Pennsylvania case 1:23-cv-00702
York County Court of Common Pleas case 2023-SU-000715
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com