Plaintiff Moves to Remand, Claims Damages Do Not Exceed Jurisdictional Limit

PIKEVILLE, Ky. - A man claiming his use of Lipitor caused him to lose his ability to speak recently moved to remand his case to state court on the ground that the amount in damages does not exceed the jurisdictional limit of $75,000. Roger Gullett v. Pfizer, No. 03-CV-308-DCR (E.D. Ky., Pikeville Div.).

In addition to filing his motion to remand Nov. 20, plaintiff Roger Gullett also submitted a stipulation stating that he is voluntarily limiting the damages he is seeking to $74,500.

Gullett, who is the clerk of the Magoffin County Circuit Court, stated in his Sept. 12 complaint …