United States District Court, W.D. Louisiana, Shreveport Division
HORNSBY MAGISTRATE JUDGE.
MAURICE HICKS, JR., CHIEF JUDGE
the Court is Defendants’, Circle K Stores, Inc.
(“Circle K”) and Travelers Indemnity Company
“Defendants”), Motion to Dismiss pursuant to
Federal Rule of Civil Procedure 12(b)(1) and 12(b)(5).
See Record Document 11. Plaintiff Nannette Powell
(“Powell”) opposes the motion. See
Record Document 13. For the reasons that follow,
Defendants’ Motion to Dismiss is
AND PROCEDURAL BACKGROUND
factual allegations contained in the complaint are accepted
as true and are as follows. Powell filed the instant suit
pro se, alleging negligence on the part of Circle K
and Travelers. See Record Document 7. Specifically,
Powell alleges on October 21, 2017, she “had a slip and
fall due to uneven pavement at Circle K Store #7781.”
Id. at ¶2. As a result of her fall, Powell
alleges unspecified “injuries” of which
“damages exceed $75, 000.” Id. at
¶5. In addition, Powell claims her damages include:
A. Physical pain and suffering;
C. Medical Expenses;
D. Mental Distress;
E. Loss of Service;
F. Loss of Enjoyment of Life;
G. Loss of Wages. Id. at ¶ 6.
filed a Motion to Dismiss on November 27, 2018 alleging lack
of subject matter jurisdiction and insufficient service of
process. See Record Document 11.Powell opposed the
motion on December 6, 2018. See Record Document 13.