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Hildreth v. Camp Planner International USA Corp.

United States District Court, D. Massachusetts

December 19, 2019

HAILEIGH HILDRETH, Plaintiff,
v.
CAMP PLANNER INTERNATIONAL USA CORP., Defendant.

          MEMORANDUM AND ORDER ON PLAINTIFF'S MOTION TO REMAND

          F. Dennis Saylor United States District Judge

         This is a product liability lawsuit. Plaintiff Haileigh Hildreth has filed suit against defendant Camp Planner International USA Corporation, asserting claims under state law.

         According to the complaint, in July 2018, Hildreth used a hammock that had its straps manufactured by Camp Planner. She alleges that the hammock was set up improperly, leading its straps to break while she was laying in it. She fell to the ground and broke a bone in her back.

         Hildreth filed the complaint in the Superior Court on August 12, 2019. On November 15, 2019, Camp Planner removed the case to this court based on diversity jurisdiction.

         Hildreth has moved to remand the case to the Superior Court on the ground that the amount in controversy does not exceed $75, 000. For the following reasons, the motion will be granted.

         I. Background

         A. Factual Background

         The facts are stated as set forth in the complaint.

         Haileigh Hildreth is a resident of Burlington, Massachusetts. (Compl. ¶ 1).

         Camp Planner International USA Corporation is a California corporation with a principal place of business in California. (Id. ¶ 2).

         According to the complaint, on July 15, 2018, Hildreth was camping in Fort Ann, New York. (Id. ¶ 3). While camping, she used a Field & Stream Double Hammock. (Id.). The hammock's straps were manufactured by Camp Planner. (Id.).

         It is unclear who set up Hildreth's hammock, but it appears to have been done improperly. The complaint alleges that the hammock was set up between two trees, but its “straps were not properly positioned around said trees” because the “loops to the straps were facing the trees.” (Id. ¶ 5). This caused the straps to break. (Id.).

         According to the complaint, Hildreth was laying in the hammock when its straps broke. (Id. ¶ 6). She fell to the ground and broke a bone in her back. (Id.).

         B. Procedu ...


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