In March 2011, a pallet cleaner and sorter sustained a cut to his knuckle while working at Wal-Mart’s distribution center, resulting in an injury to his knuckle. In the civil action, it was asserted that the retail behemoth should have been aware of dangerous conditions and that the incident could have been prevented by taking reasonable precautions.
This worker’s compensation case was moved to the U.S. District Court as the diversity of citizenship was noted among the involved parties. The plaintiff asked for a remand stating that his case should be tried in Pennsylvania court when it was discovered that the distribution centers managers, who are residents of the state, may have been liable for the injury. The motion was filed to add the managers in question to the litigation as, according to the plaintiff, they were or should have been aware of the unsanitary and unsafe conditions at the distribution center.
The plaintiff alleges that he was unaware of the role the managers played at the time when the complaint was filed. According to the judicial memorandum, the plaintiff learned about additional parties who may be involved after the motion was filed.
If the joinder is granted, it will alleviate the need for separate cases to be tried and the need for duplicate court actions. The facts are alike in both federal and state actions, and it would benefit all parties to pursue both cases simultaneously. A Pennsylvania workers’ compensation attorney may be an invaluable resource for injured workers in complex cases such as this where multiple liable parties may be involved.
Source: Pennsylvania Legal Journal, “Federal judge remands Wal-Mart injury case to Phila. Common Pleas Court,” Jon Campisi, April 15, 2013