In this personal injury suit, the plaintiff alleges he was injured by a boiler explosion at the defendant’s medical waste site while sitting at a traffic light nearby. The plant manager, who shares Virginia citizenship with the plaintiff, was not fraudulently joined. The complaint alleges facts that plausibly tie the plant manager to the explosion that caused the plaintiff’s injuries. Therefore, diversity jurisdiction does not exist, and removal was improper.
Motion to remand granted. The court declines to award attorneys’ fees.