Cheddar’s
KANSAS CITY — A federal judge has ordered that a personal injury lawsuit against Cheddar’s Casual Café Inc. be returned to Boone Circuit Court after both sides agreed that the case does not meet the monetary threshold required for federal diversity jurisdiction.
U.S. District Judge Stephen R. Bough on July 9 granted the parties’ joint motion to remand and adopted Chief U.S. Magistrate Judge Willie J. Epps Jr.’s report and recommendation. The order directs that the case be remanded to the Boone Circuit Court and that a certified copy of the order be sent to the state court clerk.
Lisa Agee alleges that she slipped and fell at a Cheddar’s restaurant in Columbia. She filed her negligence lawsuit in Boone Circuit Court on May 26, alleging that Cheddar’s caused her to slip and sustain injuries in the fall.
Cheddar’s Casual Café Inc. does business as Cheddar’s Casual Café and/or Cheddar’s Scratch Kitchen.
Cheddar’s removed the lawsuit to the U.S. District Court for the Western District of Missouri on June 26, citing diversity jurisdiction.
In its notice of removal, the company asserted that the amount in controversy exceeded $75,000, relying on an $850,000 settlement demand sent by Agee’s counsel before the state court petition was filed.
The parties later jointly asked to return the case to state court. According to the report and recommendation, Cheddar’s informed Agee and her counsel on April 29 that it would not make a settlement offer.
That same day, the parties viewed surveillance footage of the incident, and Agee determined that the value of her claim did not exceed $75,000.
Agee’s state court petition sought recovery in excess of $25,000 but did not give a specific damages amount. She told the court that the omission of a statement that she was not seeking more than $75,000 was inadvertent and did not reflect her valuation of the claim when the petition was filed.
Along with the motion to remand, Agee filed a stipulation stating that she does not now and will not seek, recover or accept damages exceeding $75,000, excluding interest and costs.
The stipulation also provides that she will not seek or accept a total judgment greater than that amount. If a judge or jury awards more than $75,000, the parties agreed that the judgment would be reduced to $75,000.
Federal courts may hear cases involving citizens of different states when the amount in controversy exceeds $75,000, excluding interest and costs. The court found that requirement was not met in this case.
The report noted that Missouri procedural rules prevent plaintiffs in tort actions from including a specific dollar amount in their demand except to determine the proper jurisdictional authority.
It concluded that Agee’s motion and stipulation clarified the value of her claim, rather than changing it after removal, because the original petition did not state a damages amount.
Epps recommended finding that there was legal certainty that Agee’s damages were less than $75,000, excluding interest and costs, and that the federal court therefore lacked subject-matter jurisdiction. Both parties consented to remand.
Bough adopted that recommendation after conducting what the order described as an independent and careful review of the record and applicable law.
U.S. District Court for the Western District of Missouri, Central Division case number: 2:26-cv-04143
