Marj and Samuel Scarberry recently filed a lawsuit against Target in Ohio.  However, Target is now asking for the case to be removed to federal court because it believes that the damages sought exceed the jurisdictional limit of $75,000 and because there is a “diversity of citizenship” between it and the plaintiffs.

Marj was shopping in March 2010 when she violently fell on an “unsafe, dangerous and unmaintained walkway floor aisle way.”  She claims that Target failed to exercise reasonable care to ensure that customers were not in danger of this aisle way, and this caused her injuries, losses and damages.  She suffered injuries to her back, head, extremities, “body chemistry,” psyche,” fascia and muscle tissue, along with other internal injuries.  Furthermore, she claims that she lost wages and has sustained a diminution in her future earning ability, capacity to care for herself and enjoy a normal life.  Her husband, Samuel, is also claiming loss of consortium as a result of his wife’s permanent and lasting injuries.