IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

DALLAS DIVISION 

MARGARET HORN § 

§ 

§ CIVIL ACTION 

vs. § 

§ NO. 

§ 

DOLLAR GENERAL CORPORATION § JURY 

NOTICE OF REMOVAL 

TO THE HONORABLE UNITED STATES DISTRICT COURT: 

Dollar General Corporation ("DGC"), the Defendant herein, respectfully submits the 

following notice of removal. 

I. 

DGC is the Defendant in litigation now pending in the 86th District Court of Kaufman 

County, Texas, Cause No. 110207, styled "Margaret Horn v. Dollar General Corporation." 

The suit filed against DGC is a civil action seeking damages for alleged personal injury arising 

from a slip-and-fall that allegedly occurred on the premises of the Dollar General store m 

Forney, Kaufman County, Texas, on or about July 16,2021.1 

II. 

Both at the time of the filing of Plaintiffs Original Petition and at the time of the filing of 

this Notice of Removal, Plaintiff was, is, and continuously has been an individual citizen of the 

State of Texas with her place of residence in the state of Texas. Both at the time of filing 

Plaintiffs Original Petition and at the time of the filing of this Notice of Removal, Defendant 

As set forth in DGC's answer filed in the state court suit, DGC is neither the owner nor operator of the 

subject Dollar General store located in Forney, Texas. Instead, the sole and exclusive owner and operator of the 

NOTICE OF REMOVAL -Page 1 

Case 3:22-cv-00626-N Document 1 Filed 03/17/22 Page 1 of 4 PageID 1
DGC was, is, and continuously has been a corporation organized and existing under the laws of 

the State of Tennessee and having its principal place of business in the State of Tennessee. 

Thus, Defendant is a corporate citizen of the state of Tennessee. There is, therefore, diversity of 

citizenship between the parties. 

III. 

The amount in controversy in this matter, exclusive of interest and costs, exceeds the sum 

or value of $75,000, as evidenced by the allegation on page 1 of Plaintiffs Original Petition, 

where Plaintiff expressly alleges that she seeks recovery against Defendant for "monetary relief 

no greater than $250,000." 

In addition, Plaintiff alleges on page 2 of her Original Petition that she "suffered severe 

physical injuries" as a result of the alleged slip-and-fall. Plaintiff's Original Petition, p. 2, ~ 

6.01 (emphasis supplied). In addition, Plaintiff further alleges that as a result of her injures, she 

"has suffered the following damages: 

a. Reasonable expenses for necessary medical care m the past and future for 

Plaintiff; 

b. Pain and suffering in the past and future; 

c. Physical impairment in the past and future; 

d. Disfigurement, past and future; and 

e. Loss of use." 

!d. Consequently, Defendant submits that it is apparent from the face of Plaintiffs Original 

Petition that the amount in controversy in this case is in excess of $75,000. 

subject Dollar General store is Dolgencorp of Texas, Inc. 

NOTICE OF REMOVAL- Page 2 

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IV. 

This Court has jurisdiction and this action is properly removable based upon diversity of 

citizenship under 28 U.S.C. §1332, et seq. Pursuant to 28 U.S.C. § 1664, Defendant DOC has 

removed this action to this Court within the time specified by law. 

v. 

Pursuant to Local Rule CV-81(c), attached hereto are (1) an index of all attached 

documents, (2) a list of all parties in the case, their party type and current status of the removed 

case (pending), (3) a copy of the Docket Sheet in the State Court action, (4) all pleadings 

(excluding discovery material) filed in the State Court action, Cause No. 110207, 86th District 

Court of Kaufman County, Texas, (5) a complete list of all attorneys involved in the action, (6) a 

record of which parties have requested trial by jury, and (7) the name and address of the court 

from which the case has been removed. 

PRAYER FOR RELIEF 

Wherefore, premises considered, Defendant prays that the action now pending in the 86th 

District Court of Kaufman County, Texas be removed to this, the United States District Court for 

the Northern District of Texas, Dallas Division. 

NOTICE OF REMOVAL- Page 3 

Case 3:22-cv-00626-N Document 1 Filed 03/17/22 Page 3 of 4 PageID 3
Respectfully submitted, 

BY: 

Michael A. Hurnrnert 

Lead Attorney 

State Bar No. 10272000 

rnhurnrnert@ekvallbyrne.corn 

Ignacio Barbero 

State Bar No. 00796162 

i barbero@ekvallbyrne. corn 

EKV ALL & BYRNE, LLP 

4450 Sigma Road, Suite 100 

Dallas, Texas 75244 

TELEPHONE (972) 239-0839 

FACSIMILE (972) 960-9517 

ATTORNEYS FOR DEFENDANT 

CERTIFICATE OF SERVICE 

On March \ ~l , 2022, I electronically submitted the foregoing document with the 

clerk of court of the U.S. District Court, Northern District of Texas, using the electronic case 

files system of the court. I hereby certify that I have served all counsel and/or pro se parties of 

record electronically or by another manner authorized by Federal Rule of Civil Procedure 

5(b)(2). 

MICHAEL A. HUMMERT 

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