Shirley Ross, a resident of Illinois, has taken legal action against a major cinema chain following an incident that allegedly left her with severe injuries. On November 7, 2024, Cinemark USA, Inc., the defendant in this case, filed a notice of removal to transfer the lawsuit from the Circuit Court of Cook County to the United States District Court for the Northern District of Illinois. The complaint, initially lodged by Ross on October 1, 2024, claims that she sustained significant injuries due to negligence on the part of Cinemark.
The lawsuit centers around an incident that occurred on October 1, 2022, at a Cinemark theater located in Melrose Park, Illinois. According to the complaint filed by Shirley Ross through her attorneys at Sachs, Earnest & Associates Ltd., she was visiting the theater as a business invitee when she tripped over a broom negligently left in an area meant for pedestrian traffic. The complaint accuses Cinemark of failing to maintain safe premises and not implementing adequate inspection procedures to identify and rectify hazardous conditions. As stated in court documents: “Carelessly and negligently allowed and permitted said premises to become and remain in a dangerous condition.”
Ross’s legal team argues that as a direct result of Cinemark’s negligence, she suffered severe and permanent injuries affecting her limbs, back, spine, and head. These injuries have allegedly caused her ongoing physical and emotional pain while hindering her ability to perform daily activities. Furthermore, Ross claims substantial financial expenses incurred from medical treatments following the incident.
Cinemark USA has responded by removing the case to federal court under diversity jurisdiction principles outlined in 28 U.S.C. §1441(b). The company asserts complete diversity between parties since Ross is an Illinois citizen while Cinemark is incorporated in Texas with its principal business operations based there. Additionally, they argue that the amount in controversy exceeds $75,000—a requirement for federal jurisdiction—citing medical records indicating extensive treatment including knee surgery.
In terms of relief sought by Shirley Ross’s legal team; they are demanding judgment against Cinemark exceeding $50k plus associated costs incurred during litigation proceedings within state limits but aiming higher given potential damages discussed during pre-trial negotiations between counsels representing both sides.
This article was first published in Cook County Record.
