Thursday, January 9, 2020

Legal Case Overview Pam vs. Rita and Dons Market

Pam took an indefinite leave of absence from her job, sublet her apartment in State A, and went to care for her elderly mother in State B. Approximately six months later, while Pam was walking to her car in the parking lot of Don s Market in State B, Rita, a resident of State C, struck Pam with her car. In Rita s car were three friends from State C who were traveling through State B with Rita. The friends told the police officer called to the scene of the accident that Pam was reading a magazine as she walked across the parking lot and was therefore not watching where she was going. Pam told the police officer that she had just walked out from behind a large concrete column in the parking lot when Rita s car struck her. Pam sued†¦show more content†¦Next, Pam did not quit her job in State A because she only took a leave of absence to care for her mother in State B. Thus, this element is not met. Thus, Pam’s citizenship will not be State B because there is strong evidence that she intends to return to State A. Thus, this claim is met. . Amount in Controversy An amount in controversy requires that a good faith allegation of the amount in controversy must exceed $75,000. Here, Pam does not meet the required amount in controversy because she is suing each defendant for $60,000 in damages. Next, Pam’s injunctive relief does not meet the amount in controversy because there was no amount allocated to what Pam was seeking in injunctive relief. Thus, this element is not met. Aggregation Aggregation requires a plaintiff to aggregate all claims against a single defendant to overcome the over $75,000 requirement. Aggregation by one party against several defendants will succeed only where the defendants are jointly liable to the plaintiff. Here, Pam’s claims should be aggregated because a combined amount would equal $120,000 which exceeds the amount of controversy requirements. Next, Pam’s claims should be aggregated because is suing both Rita and DM for individual negligence in the same accident. Thus, this claim is met. Value of Equitable Relief If a plaintiff is seeking equitable relief (i.e.

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