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Powell v. Circle K Stores, Inc.

United States District Court, W.D. Louisiana, Shreveport Division

September 23, 2019

NANNETTE POWELL
v.
CIRCLE K STORES, INC., ET AL.

          HORNSBY MAGISTRATE JUDGE.

          MEMORANDUM RULING

          S. MAURICE HICKS, JR., CHIEF JUDGE

         Before the Court is Defendants’, Circle K Stores, Inc. (“Circle K”) and Travelers Indemnity Company (“Travelers”) (collectively “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 GRANTED.

         FACTUAL AND PROCEDURAL BACKGROUND

         The factual allegations contained in the complaint are accepted as true and are as follows.[1] 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;
B. Inconvenience;
C. Medical Expenses;
D. Mental Distress;
E. Loss of Service;
F. Loss of Enjoyment of Life;
G. Loss of Wages. Id. at ¶ 6.

         Defendants filed a Motion to Dismiss on November 27, 2018 alleging lack of subject matter jurisdiction and insufficient service of process. See Record Document 11.[2]Powell opposed the motion on December 6, 2018. See Record Document 13.

         LAW ...


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