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UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

FORT LAUDERDALE DIVISION 

VERNAL I. LEE, Case No. 

Plaintiff, Circuit Court Case No.: CACE-22-011077 

GRACO, INC., a foreign corporation, 

JWJONES, INC., f/k/a PIRANHA HOSE 

PRODUCTS, INC., a foreign corporation, and 

HOME DEPOT U.S.A., INC., a foreign 

Corporation, 

Defendants. 

_____________________________________/ 

NOTICE OF REMOVAL 

Defendants, GRACO, INC. (“GRACO”) and HOME DEPOT U.S.A., INC. (“HOME 

DEPOT”), by and through undersigned counsel, and, pursuant to 28 U.S.C. §§ 1446, 1441(b), and 

1332, files this Notice of Removal, and, in support hereof, states as follows: 

1. Plaintiff VERNAL I. LEE (hereinafter, “Plaintiff”) commenced this action on July 

28, 2022 in the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, 

Florida; the Circuit Court action was assigned Case Number CACE-22-011077. 

2. Copies of the Summons served on GRACO and HOME DEPOT, the Complaint, 

and such other papers or exhibits as are required by 28 U.S.C. §§ 1446(a) and the Local Rules of 

Court, are filed herewith, as Exhibit “A.” 

3. 28 U.S.C. § 1332 provides, in relevant part, as follows: 

(a) The district courts shall have original jurisdiction of all civil actions where the 

matter in controversy exceeds the sum or value of $75,000, exclusive of interest 

and costs, and is between--- 

(1) citizens of different States.... 

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4. Plaintiff, in Paragraph 2 of his Complaint, alleges “At all times material hereto, 

Plaintiff VERNAL I. LEE...was a Florida citizen and resident.” Refer to, generally, Exh. “A.” 

Defendants do not dispute the residency allegation. 

5. Pursuant to 28 U.S.C. § 1332(c)(1), “a corporation shall be deemed to be a citizen 

of every State and foreign state by which it has been incorporated and of the State or foreign state 

where it has its principal place of business....” 

6. Defendant GRACO is a foreign corporation duly organized and existing under the 

laws of the State of Minnesota with its principal place of business in the State of Minnesota. 

7. Defendant HOME DEPOT U.S.A., INC. is a foreign corporation duly organized 

and existing under the laws of the State of Delaware with its principle place of business in the State 

of Georgia. 

8. Defendant JWJONES, INC., f/k/a PIRANHA HOSE PRODUCTS, INC. has not 

yet been served in this action. However, JWJONES, INC. is a foreign corporation duly organized 

and existing under the laws of the State of Michigan with its principle place of business in the State 

of Michigan. 

9. There is complete diversity of citizenship in this case pursuant to 28 U.S.C. §1332. 

10. Service documents reflect GRACO was served in the State Court action on August 

3, 2022. Refer to, generally, Exh. “A.” 

11. Service documents reflect HOME DEPOT was served in the State Court action on 

August 3, 2022. Refer to, generally, Exh. “A.” 

12. This Notice of Removal is being filed within thirty (30) days of the service of the 

initial pleadings on GRACO and HOME DEPOT. Therefore, this Notice of Removal is timely and 

proper pursuant to 28 U.S.C. § 1446(b). 

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13. All Defendants consent to the removal of this action to Federal Court. 

14. The Complaint alleges Plaintiff was using a paint sprayer designed and 

manufactured by GRACO and sold by HOME DEPOT when the attached hose burst and injected 

paint into Plaintiff’s right forefinger and hand. Plaintiff alleges he has or will sustain permanent 

bodily injury and past, present, and future pain and suffering; past, present and future aggravation 

of pre-existing conditions and physical defects; past, present and future disability and physical 

impairment; past, present and future scarring and disfigurement; past, present and future mental 

anguish; past, present and future inconvenience; past, present and future loss of capacity for 

enjoyment of life; past, present and future medical expenses; and past, present and future loss of 

earnings and earning capacity. 

15. Plaintiff’s counsel has provided records reflecting Plaintiff has undergone four 

surgeries relating to the claimed injuries and is continuing to receive medical treatment. They 

assert Plaintiff’s treaters have advised his hand and finger will never make a complete recovery 

from these injuries. 

16. Plaintiff’s counsel has also produced medical bills from Plaintiff’s treatment 

reflecting total charges of $94,896.40, which did not include charges for his latest surgery. 

Plaintiff’s counsel issued a demand for $925,000 in correspondence dated December 1, 2021. 

17. Based on the foregoing, Defendant asserts a reasonable good faith belief that the 

amount in controversy in this alleged cause of action exceeds the value of $75,000 exclusive of 

interest and costs, satisfying the jurisdictional requirements of 28 U.S.C. §1332. 

18. Removal to the Fort Lauderdale Division of the United States District Court for the 

Southern District of Florida is proper, under 28 U.S.C. § 1441(a), as the State Court action was 

initiated by Plaintiff in Broward County, Florida, which is located within this District and Division. 

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19. The undersigned counsel certifies he will file a copy of the Notice of Removal with 

the Clerk of Court for Broward County, Florida and will give notice of the same to Plaintiff’s 

counsel. 

WHEREFORE, GRACO, INC. and HOME DEPOT U.S.A., INC., pray for removal of this 

cause of action to the United States District Court for the Southern District of Florida (Fort 

Lauderdale Division) and for a stay of all proceedings in the State Circuit Court action. 

 CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on September 2, 2022, a true and correct copy of the 

foregoing, with Exhibits, has been electronically filed via the CM/ECF Portal in the Southern 

District of Florida – Fort Lauderdale Division, and has been served on PLAINTIFF’s counsel: 

DANIEL D. WALKER, ESQ., CLARK, FOUNTAIN, LA VISTA, PRATHER & LITTKYRUBIN, LLP, bwhitman@clarkfountain.com, dwalker@clarkfountain.com, 

sbates@clarkfountain.com (Attorneys for Plaintiff). 

/s/ Nicholas D. Freeman 

NICHOLAS D. FREEMAN, ESQUIRE 

Florida Bar No. 118620 

nicholas.freeman@wilsonelser.com

DANIEL O. McLEOD, ESQUIRE 

Florida Bar No. 105378 

Daniel.McLeod@wilsonelser.com 

Wilson Elser Moskowitz Edelman & Dicker LLP 

111 North Orange Avenue, Suite 1200 

Orlando, Florida 32801 

407-203-7599 - Phone 

407-648-1376 - Facsimile 

Attorneys for Defendants

NDF:em 

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