Speedway LLC filed a Notice of Removal to transfer a personal injury lawsuit filed against it in Wilson County Circuit Court, Tennessee to the U.S. District Court for the Middle District of Tennessee. The plaintiff, a Kentucky resident, is suing Speedway for injuries allegedly sustained in a slip and fall accident at a Speedway gas station in Tennessee. Speedway argues the federal court has jurisdiction because the parties are citizens of different states and the amount in controversy exceeds $75,000. Speedway is not a citizen of either Kentucky or Tennessee. The plaintiff is seeking over $120,000 in damages.
Speedway LLC filed a Notice of Removal to transfer a personal injury lawsuit filed against it in Wilson County Circuit Court, Tennessee to the U.S. District Court for the Middle District of Tennessee. The plaintiff, a Kentucky resident, is suing Speedway for injuries allegedly sustained in a slip and fall accident at a Speedway gas station in Tennessee. Speedway argues the federal court has jurisdiction because the parties are citizens of different states and the amount in controversy exceeds $75,000. Speedway is not a citizen of either Kentucky or Tennessee. The plaintiff is seeking over $120,000 in damages.
Speedway LLC filed a Notice of Removal to transfer a personal injury lawsuit filed against it in Wilson County Circuit Court, Tennessee to the U.S. District Court for the Middle District of Tennessee. The plaintiff, a Kentucky resident, is suing Speedway for injuries allegedly sustained in a slip and fall accident at a Speedway gas station in Tennessee. Speedway argues the federal court has jurisdiction because the parties are citizens of different states and the amount in controversy exceeds $75,000. Speedway is not a citizen of either Kentucky or Tennessee. The plaintiff is seeking over $120,000 in damages.
Speedway LLC filed a Notice of Removal to transfer a personal injury lawsuit filed against it in Wilson County Circuit Court, Tennessee to the U.S. District Court for the Middle District of Tennessee. The plaintiff, a Kentucky resident, is suing Speedway for injuries allegedly sustained in a slip and fall accident at a Speedway gas station in Tennessee. Speedway argues the federal court has jurisdiction because the parties are citizens of different states and the amount in controversy exceeds $75,000. Speedway is not a citizen of either Kentucky or Tennessee. The plaintiff is seeking over $120,000 in damages.
JACKIE GREENWALT, * * Plaintiff, * * v. * Case No. * SPEEDWAY, LLC * JURY DEMAND * Defendant. *
NOTICE OF REMOVAL
Without submitting to the jurisdiction of this Court and without waiving any available
defenses, including, without limitation, lack of jurisdiction, improper venue, statute of limitations,
insufficient process, or insufficient service of process, Defendant Speedway, LLC, (“Speedway”),
by and through undersigned counsel and pursuant to 28 U.S.C. §§ 1332, 1441, and 1446, hereby
files this Notice of Removal of the above-described action to the United States District Court for
the Middle District of Tennessee at Nashville from the Circuit Court for Wilson County,
Tennessee, where the action is now pending, and states as follows:
1. This cause of action was commenced in the Circuit Court for Wilson County,
Tennessee on June 14, 2022, and process was served on Speedway on June 17, 2022. Therefore,
removal is timely.
2. The is civil action for damages arising out of injuries sustained in an alleged slip
and fall incident at the Speedway located at 1135 Murfreesboro Road, Lebanon, Tennessee. The
United States District Court for the Middle District of Tennessee at Nashville has jurisdiction by
reason of diversity of citizenship of the parties.
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3. This suit is between the citizens of different states. At the time of the
commencement of this action in Wilson County Circuit Court, and since that time, the Plaintiff
was and is a citizen and resident of Edmondson County, Kentucky.
4. Defendant Speedway, LLC is a limited liability company organized under the laws
of Delaware. Speedway LLC’s sole member, SEI Speedway Holdings, LLC, is a limited liability
company organized under the laws of Delaware. SEI Speedway Holdings, LLC’s sole member, 7-
Eleven, Inc., is a Texas corporation with its principal place of business in Texas. Therefore,
Speedway is not a citizen of Kentucky or Tennessee.
5. The matter in dispute exceeds $75,000.00, exclusive of interest and costs, based on
a fair reading of the Plaintiff’s Complaint. In the Complaint, the Plaintiff demands damages “for
her lost wages and loss of future earning capacity in an amount greater than One Hundred Twenty
Thousand and 00/100 ($120,000.00) Dollars” among other categories of damages. (Compl).
Accordingly, the jurisdictional amount is satisfied in this case.
6. A copy of all pleadings and orders served upon Speedway is filed with this Notice.
7. Speedway will give written notice of the filing of this Notice as required by 28
U.S.C. § 1446(d).
8. A copy of this Notice will be filed with the Clerk of the Circuit Court for Wilson
County, Tennessee, as required by 28 U.S.C. § 1446(d).
WHERFORE, Speedway requests this action proceed in this Court as an action properly
removed to it.
Dated this 18th day of July, 2022.
Case 3:22-cv-00539 Document 1 Filed 07/18/22 Page 2 of 3 PageID #: 2
Respectfully submitted,
CARR ALLISON
BY: /s/ Chancey R. Miller
SEAN W. MARTIN, BPR #020870 CHANCEY R. MILLER, BPR #036124 Attorney for Defendant 736 Market Street, Suite 1320 Chattanooga, TN 37402 (423) 648-9832 / (423) 648-9869 FAX swmartin@carrallison.com cmiller@carrallison.com
CERTIFICATE OF SERVICE I hereby certify that on July 18, 2022, I electronically filed a NOTICE OF REMOVAL with the Clerk of Court using the CM/ECF system and delivered the foregoing document to all parties in this cause by placing a true and correct copy of same in the United States mail, postage prepaid, in a properly addressed envelope, or by hand delivering same to each such party as follows: Jason G. Denton, Esq. Rochelle, McCulloch & Aulds, PLLC 109 Castle Heights Avenue North Lebanon, TN 37087 jdenton@rma-law.com
BY: /s/ Chancey R. Miller
SEAN W. MARTIN, ESQ. CHANCEY R. MILLER, ESQ.
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