Is a wife's injury claim and her husband's derivative cause of action combined to reach the 75k+ for removal?
Answer: You generally do not aggregate claims of husband and of a wife for consortium loss in determining amount in controversy for federal court diversity jurisdiction. See: Rodery v. Hardee’s Food Systems, Inc., 995 F.Supp. 599 (E.D. Mo. 1998) and Employers Mut. Cas. Co. v. Maggart, 261 F.Supp. 768 (W.D. Tx. 1966).
Posted on
Sun, September 19, 2010
by Sharon Coleman
filed under