ST. LOUIS – An Illinois woman injured after her motor vehicle was involved in an accident with a US 1 Logistics tractor-trailer has been denied a motion to remand her suit back to the St. Louis City Circuit Court.
On April 4, District Judge Jean C. Hamilton denied Carol O'Brien's motion to remand her negligence case brought against US 1 Logistics LLC, US 1 Industries and Shannon Moise.
O'Brien sued in October 2018 after her vehicle was struck by a tractor-trailer driven by Moise in October 2013 in St. Louis.
Both the US 1 defendants filed a notice of removal in December 2018 based on diversity jurisdiction since the plaintiff is an Illinois resident, Moise is a Missouri resident, US 1 Logistics members reside in Indiana and Florida and US 1 Industries is based in Indiana.
Attorneys for O'Brien argued that removal was improper because Moise is a citizen of Missouri and the accident occurred in Missouri. However, Hamilton found that removal was proper.
Attorneys for O'Brien had also argued that diversity jurisdiction should be defeated because she is a citizen of Illinois, and US 1 Logistics maintains an office in Illinois, making it a citizen of the state of Illinois.
The U.S. 1 defendants contend that their removal was not disingenuous because "they waited to remove this case until the last date available to them for timely removal," the ruling states.
O'Brien claims that as a result of injuries sustained from the accident, she suffers pain "to her left shoulder, neck, head and back," the ruling states. She filed suit seeking damages for past, present and future medical treatment; property damage to her vehicle; and lost wages.