Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hernandez v. J.B. Hunt

March 20, 2008

ANDREW HERNANDEZ, PLAINTIFF,
v.
J.B. HUNT, INC. AND KENNETH E. ONYSKO, DEFENDANTS.



The opinion of the court was delivered by: Sifton, Senior Judge.

MEMORANDUM OPINION AND ORDER

Plaintiff Andrew Hernandez ("Hernandez") commenced this personal injury action against defendants J.B. Hunt, Inc. ("Hunt") and Kenneth E. Onysko ("Onysko") in the Supreme Court of the State of New York, County of Richmond, pursuant to N.Y. Ins. Law § 5101 et seq. On January 4, 2008, Hunt filed a notice of removal pursuant to 28 U.S.C. § 1446*fn1 seeking to remove this case to the Eastern District of New York on diversity grounds. On January 11, 2008, Magistrate Judge James Orenstein issued a memorandum and order sua sponte, directing the Clerk to remand the case to the Supreme Court of the State of New York, County of Richmond. Presently before this Court is defendant Hunt's appeal of Judge Orenstein's order. For the reasons set forth below, Hunt's appeal is granted.

Background

The following facts are taken from the submissions in connection with this motion and the notice of removal filed by Hunt. Disputes are noted.

Plaintiff Hernandez is a citizen of the State of New York. Complaint ¶ 1.

Defendant Hunt states that it is a Georgia corporation with its principal place of business in the State of Arkansas. Notice of Removal ¶ 3. In his complaint, plaintiff first alleges that defendant Hunt is a New York corporation, but then goes on to allege that defendant is a foreign corporation doing business in the State of New York with its principal offices in Oklahoma. Complaint ¶¶ 4-6.

Defendant Onysko is a citizen of New Jersey. Id. ¶ 7.

On November 27, 2007, plaintiff filed the instant action in the Supreme Court of the State of New York, County of Richmond.

Plaintiff's complaint alleges that on or about June 8, 2007, while driving his car in Staten Island, defendant Onysko, who was operating a truck owned by Hunt with Hunt's knowledge and consent, struck the rear of his car, thereby causing him injury.

Id. ¶¶ 10, 12.

Plaintiff's complaint alleges that he sustained a serious injury and economic loss greater than the basic economic loss as defined by New York State Insurance Law § 5102. Id. ¶ 14. Plaintiff states that he: was severely and seriously injured, bruised and wounded, suffered, still suffers and will continue for some time to come to suffer great physical and mental pain and bodily injuries and became sick, lame, and disabled and so remains and upon information and belief is permanently injured; that plaintiff has been put to great expenses for medical and surgical treatment, nursing and hospital services; and will hereinafter necessarily incur further expenses of a similar nature, all to plaintiff's damage in such sum as exceeds the monetary jurisdiction limits of all lower courts."

Id. ¶ 16.

On January 4, 2008, Hunt filed a notice of removal pursuant to 28 U.S.C. § 1446 seeking removal to the Eastern District of New York. Defendant Onysko joined in the notice of removal. Notice of Removal ¶ 7. The notice of removal states that "plaintiff seeks damages of more than $75,000 and sought damages ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.