Jurisdiction- James Clayton Allison, a resident of the state of Mississippi, was
ID: 390622 • Letter: J
Question
Jurisdiction- James Clayton Allison, a resident of the state of Mississippi, was employed by the Tru-Amp Corporation as a circuit breaker tester. As a part of his employment , Allison was sent to inspect, clean, and test a switch gear located at the South Central Bell Telephone Facility in Brentwood, Tennessee. One day, when he attempted to remove a circuit breaker manufactured by ITE Corporation(ITE) from a bank of breakers, a portion of the breaker fell off. The broken piece fell behind a switching bank and, according to Allison, caused an electrical fire and exploration. Allison was severely burned in the accident. Allison brought suit against ITE in a Mississippi state court, claiming more than $50,000 in damages. Can this suit be removed to federal court? Allison v ITE Imperial Corp.; 729 F. Supp. 45, Web 1990 U.S. Dist. Lexis 607 (United States District Court for the Southern District of Mississippi)
Explanation / Answer
If the amount were to be raised to 75,000, then I think that's an automatic filing in federal court.
I would think that if it had already been filed in state court, I'm not sure what the justification would be to change the venue in that way unless they last in the local district court and appealed it all the way to the state supreme court with no favorable verdict.
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