Nelson Daniel Farr Bunker v. Red Bull North America, Inc.

Good Law
United States District Court, Central District of CaliforniaAugust 3, 20212:21-cv-04040California2,128 words

Opinion

Trial Court Opinion

I. BACKGROUND

Plaintiff commenced this action on March 30, 2021, in Los Angeles County Superior Court (“LASC”). (See Complaint (Docket No. 1-1)). Plaintiffs, dual citizens of the United States and Guatemala, allege that pilot Steven Andelin (“Andelin”) negligently engaged in acrobatic stunts during a practice session the day before an air show organized by the Aeroclub of Guatemala in Iztapa, Guatemala. (Id. ¶¶ 1-3, 16- 24). Plaintiffs allege that Andelin was negligent by flying “at a low altitude, directly over congested areas including the club and spectators,” when he crashed the aircraft. (See id.). Plaintiff Philip Farr was injured, and his mother and grandmother were killed in the crash, along with Andelin. (See id. ¶ 22). Based on these allegations, Plaintiff asserts the following claims: (1) negligence (wrongful death and survivor action); and (2) negligence (personal injury action). (See generally id.). On May 13, 2021, Red Bull filed the Notice of Removal (“NoR”), invoking this Court’s federal question jurisdiction. (Docket No. 1).

II. LEGAL STANDARD

Courts should “strictly construe the removal statute against removal jurisdiction.” Gaus v. Miles, Inc.,…

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