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Delia Esquilan-Mendoza; Daymar Vega-Rosa v. Don King Productions, Inc

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Before

Torruella, Leval,*fn1 and Lipez, Circuit Judges.

LEVAL, Circuit Judge. Plaintiff Delia Esquilin-Mendoza (“Esquilin”) appeals from the judgment of the United States District Court for the District of Puerto Rico, dismissing her tort claim against Don King Productions, Inc. (“DKP”). The suit, brought in federal court by virtue of diversity of citizenship, 28 U.S.C. § 1332, alleged that DKP acted negligently in seizing Plaintiff’s automobile in execution of a court judgment notwithstanding a defect in the execution warrant, and in failing to return the vehicle promptly when the court vacated the warrant. Plaintiff claimed damages of approximately $1 million for emotional distress and deprivation of the use of the automobile. The district court dismissed the action and entered judgment for the Defendant, based on its finding that Plaintiff had failed to establish a causal connection between the Defendant’s actions and her injury. We hereby direct that the judgment be vacated and the suit dismissed for lack of federal jurisdiction under § 1332 because it is a legal certainty that the “matter in controversy [does not] exceed[] the sum or value of $75,000.” 28 U.S.C. § 1332.

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