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Plaintiff's Slip & Fall Case vs. K-Mart Dismissed for Bankruptcy Technicality
On Aug. 3, 2004, Vincent Segui, through his father, Carmelo Segui, served the defendants, K-Mart Corp. and Troy CMBS Property LLC, a complaint, alleging the plaintiff slipped and fell as a result of the defendants' negligence. The case is Segui v. K-Mart Corp.New Haven J.D., at Meriden (No. CV04-5000012S).
Moving to dismiss, K-Mart argued the court lacked subject-matter jurisdiction, and the plaintiff failed to file a proof-of-claim form, pursuant to a Chapter 11 Bankruptcy Court order. From Jan. 22, 2002 to May 6, 2003, the U.S. Bankruptcy Court in the Northern District of Illinois, Eastern Division, exercised exclusive jurisdiction over personal-injury claims in which K-Mart was the defendant and the date of injury was on or before May 6, 2003.
The Bankruptcy Court issued an order requiring that personal-injury claimants file a proof-of-claim form on or before June 20, 2003. K-Mart argued that on May 19, 2003, it provided the plaintiff, Vincent Segui, with notice of the bankruptcy proceeding and the June 20, 2003, bar date. The plaintiffs argued their attorney did not receive notice of the Bankruptcy Court's deadline to file claims. The court found that the plaintiff did not file a proof-of-claim form prior to the bar date and dismissed for lack of subject-matter jurisdiction.