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Davis v. Espinal-Vazquez

Remand Denied; Action Not Removeable Until Ad Damnum Received on Sept. 9, 2021

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OPINION & ORDER Fred Davis, III (“Plaintiff”) brings this Action against Abdel Jose Espinal-Vazquez (“Espinal-Vazquez”) and ND Logistics, LLC (“ND Logistics”; collectively, “Defendants”) for damages resulting from a motor vehicle accident in which Plaintiff’s car was hit by a truck operated by Espinal-Vazquez over the course of Espinal-Vazquez’s employment for ND Logistics. (See generally Compl. (Dkt. No. 3-2).) Before the Court is Plaintiff’s Motion to Remand the Case to State Court (the “Motion”). (See Not. of Mot. (Dkt. No. 13).) For the following reasons, the Motion is denied. I. Background A. Factual Background On September 1, 2018, Plaintiff, a resident of Pennsylvania, was driving his 2010 Audi on Interstate 84 in Port Jervis, NY, when his vehicle was hit by two tires which had fallen off of a truck driven by Espinal-Vazquez. (See Compl.

1, 18, 19, 21; see also Police Accident Report (Dkt. No. 3-1).) Espinal-Vazquez is a resident of Connecticut and at the time, was driving the truck over the course of his employment for ND Logistics, an Ohio-based limited liability corporation. (See Compl.

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