Almeria 8/22/16

NAME: Troupe v. C & S Wholesale Grocers, Inc., United States District Court for the Middle
District of Georgia 2009 WL 1938787 (2009)

FACTS: Plaintiff Zelma Troupe filed tort claim against Defendant C & S Wholesale Grocers
based on her slip and fall. Hard damages sought include medical expenses in excess of
$13,637.00. Pain and suffering, punitive damages, and cost of litigation are also sought in
amounts to be proven at trial.

ISSUE: Are the damages in controversy below what is required to allow a federal court to hear
the case?
PROCEDURAL HISTORY: Defendant reviewed complaint and filed an Answer and Notice of
Removal of the action. Plaintiff responded with the filing of a motion seeking remand and the
award of just costs, actual expenses, and attorney fees incurredwhich was denied.
HOLDING: The Defendant showed that if the Plaintiff prevails, damages would more likely than
not exceed the minimum jurisdictional amount; Plaintiffs Motion to Remand was denied.
LAW APPLIED: Title 28 U.S.C. 1332(a)(1) states the sum or value of damages must be in
excess of $75,000 to exercise federal subject matter jurisdiction. While the Complaint does not
claim specific damages, the Defendants Notice of Removal showed there would more likely
than not be special, general and punitive damages that exceed the minimum jurisdictional
amount.
NAME: BMW of North America v. Ira Gore, Jr., 517 U.S. 559, 116 S. Ct. 1589, 134 L. Ed. 2d
809 (1996)
FACTS: Ira Gore Jr. purchased a new vehicle from a BMW dealership in Alabama that had
been repainted. He sued BMW in The Alabama Circuit Court and was awarded $4,000 in
compensatory damages and $4 million in punitive damages. BMWs appeal to the Alabama
Supreme Court asserted the punitive damages were grossly excessive.
ISSUE: If Gores punitive damage award is grossly excessive, does the Fourteenth Amendments
due process clause protect BMW from having to pay it?
PROCEDURAL HISTORY: Gore wins $4 million award, BMW appeals and it is lowered to $2
million by Alabama Supreme Court. U.S.C. determines the damages are grossly excessive and
that the Alabama Supreme Court lacked jurisdiction over the manufacturer. The verdict was
reversed and the case was remanded.

Almeria 8/22/16
HOLDING: States may impose punitive damages as a deterrence to future unlawful conduct but
the Fourteenth Amendments due process clause prohibits grossly excessive damages.
LAW APPLIED: Fourteenth Amendments due process clause prohibits the grossly excessive
damages indicated by the 500 to 1 ratio between the jurys punitive and actual damage awards,
the insignificant amount of damage, and degree of reprehensibility.