Murray v. Mississippi Farm Bureau Casualty Insurance

251 F.R.D. 361, 2008 U.S. Dist. LEXIS 34329, 2008 WL 2167863
CourtDistrict Court, W.D. Wisconsin
DecidedApril 22, 2008
DocketNo. 08-cv-45-bbc
StatusPublished
Cited by4 cases

This text of 251 F.R.D. 361 (Murray v. Mississippi Farm Bureau Casualty Insurance) is published on Counsel Stack Legal Research, covering District Court, W.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Murray v. Mississippi Farm Bureau Casualty Insurance, 251 F.R.D. 361, 2008 U.S. Dist. LEXIS 34329, 2008 WL 2167863 (W.D. Wis. 2008).

Opinion

OPINION AND ORDER

BARBARA B. CRABB, District Judge.

In this civil action, plaintiff Robert M. Murray seeks monetary damages from defendants Mississippi Farm Bureau Casualty Insurance Company, Aaron Michael Morgan and Daniel V. Nelson for injuries arising out of an automobile accident that occurred on January 18, 2005. Plaintiff has also filed a cross-claim against involuntary plaintiff American Family Mutual Insurance Company, based on this party’s alleged liability to plaintiff. (Plaintiff has named four other “involuntary plaintiffs” in his amended complaint. In this order, however, the only “involuntary plaintiff’ to which I will refer is American Family Mutual Insurance Company.)

Now before the court is involuntary plaintiffs motion to realign and motion to dismiss. Involuntary plaintiff asserts that if it is properly realigned with defendants, complete diversity would not exist and the court would have to dismiss the ease for lack of subject matter jurisdiction. Because I agree that involuntary plaintiffs interests in the controlling matter are not aligned with those of the plaintiff, I will grant the motion to realign, and because such realignment destroys complete diversity, I will also grant plaintiffs motion to dismiss.

As a preliminary matter, it should be noted that I have not considered certain evidence presented by the parties. Plaintiffs Exhibit A to its “Response to American Family’s Motion to Dismiss and Realignment [sic]” is not properly authenticated under 28 U.S.C. § 1746. Involuntary plaintiffs Exhibit A to Brief in Reply is authenticated, but it is irrelevant. In considering a question of realignment, courts are limited to the facts as they stood at the time the action was commenced. American Motorists Ins. Co. v. Trane Co., 657 F.2d 146, 149 (7th Cir.1981). Because involuntary plaintiffs exhibit contains information that would not have been known at the time the complaint was filed, this exhibit cannot be considered.

[363]*363For the sole purpose of deciding involuntary plaintiffs motions, I find the following facts from the record and, in particular, plaintiffs original complaint, plaintiffs amended complaint and cross-claim and involuntary plaintiffs answer.

FACTS

This case arises out of an automobile accident that occurred on January 18, 2005 in Janesville, Wisconsin. While defendant Morgan was operating a motor vehicle owned by defendant Nelson, Morgan failed to obey a red traffic light and crashed into a vehicle driven by plaintiff, causing plaintiff property damage and personal injuries, with damages totaling approximately $100,000.

At the time of the accident, plaintiff had an automobile insurance policy with involuntary plaintiff. This policy provides uninsured and underinsured motorist coverage for damages sustained by plaintiff arising out of defendant Morgan’s alleged negligence.

Plaintiff filed a complaint in federal court on January 17, 2008, invoking this court’s diversity jurisdiction under 28 U.S.C. § 1332. At that time, plaintiff named involuntary plaintiff as a defendant, along with those other parties presently named as defendants. No involuntary plaintiffs were identified, and there was no mention of any party having a subrogated interest in the case. In its demand for relief, plaintiff stated:

Plaintiff Murray demands relief from Defendants Nelson, Morgan, Farm Bureau and American Family, for past medical expenses, past pain, suffering, and disability; and also for future medical expenses, future pain, suffering, and disability, medical bills, mileage, in excess of $100,000 and attorney fees and costs in an amount to be determined by a jury and other relief the Court may deem just and equitable.

On January 28, 2008, this court issued an order on its own motion, noting that plaintiff failed to allege in his complaint that the parties were completely diverse and that the amount in controversy exceeded $75,000. Murray v. Mississippi Farm Bureau Casualty Co., 2008 WL 248322 (W.D.Wis.2008). I asked plaintiff to provide verification of these jurisdictional requirements and warned that, in the absence of such verification, the case would be dismissed. Id. I further noted the following:

Assuming plaintiffs residence and his citizenship are the same, plaintiff faces a large problem at the outset____ Plaintiff has alleged that defendant American Family Mutual Insurance Company was incorporated in Wisconsin. If plaintiff is a citizen of Wisconsin and defendant American Family is a citizen of Wisconsin, there can be no diversity jurisdiction. For a case to be within the diversity jurisdiction of federal courts, diversity must be complete, meaning that no plaintiff may be a citizen of the same state as any defendant. Strawbridge v. Curtiss, 3 Cranch 267, 7 U.S. 267, 2 L.Ed. 435 (1806); McCready v. eBay, Inc. 453 F.3d 882, 891 (7th Cir.2006).

In response to this order, on February 11, 2008, plaintiff filed an amended complaint and cross-claim. This time, plaintiff named American Family as an involuntary plaintiff and stated in the amended complaint, “American Family is joined as a necessary and proper party by virtue of its subrogated interest as a health insurance carrier who paid for medical bills incurred subject to this lawsuit, approximately $1,000.00.” Plaintiff asserted a cross-claim against involuntary plaintiff, alleging:

Involuntary Plaintiff, American Family, had at the time of the accident on January 18, 2005, in full force and effect an automobile insurance policy #48-789379-02 insuring Murray, which by virtue of said policy provided uninsured and underinsured coverage for damages sustained by Murray, which American Family is or may be liable for all or in part of [sic] the claim by Murray arising out of Defendant Morgan’s negligence____
Plaintiff demands relief from Cross Complaint [sic] American Family from said policy for any permissible compensation for personal injuries, medical expenses and other related expenses.

On March 6, 2008, involuntary plaintiff filed an answer to plaintiffs amended complaint and cross-claim. Involuntary plaintiff admitted it had paid $1,000 to plaintiff for [364]*364medical expenses. It claimed lack of sufficient knowledge regarding defendant Morgan’s negligence. It alleged affirmatively that “[p]laintiff failed to mitigate his damages” and “was negligent with respect to the operation of his own vehicle and said negligence as [sic] a substantial factor in producing the accident and any injuries allegedly sustained by the Plaintiff.” Finally, involuntary plaintiff demanded judgment dismissing plaintiffs complaint.

OPINION

The issue presented is whether this court has jurisdiction to proceed in this case. The case involves no issue of federal law. Therefore, this court has jurisdiction only if diversity jurisdiction is present. The citizenship of the parties is no longer in dispute.

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251 F.R.D. 361, 2008 U.S. Dist. LEXIS 34329, 2008 WL 2167863, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murray-v-mississippi-farm-bureau-casualty-insurance-wiwd-2008.