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SAMUEL-BASSETT v. KIA MOTORS AMERICA, INC.

No. 03-1427.

357 F.3d 392 (2004)

Shamell SAMUEL-BASSETT, on behalf of herself and all others similarly situated, Appellees v. KIA MOTORS AMERICA, INC., Appellant.

United States Court of Appeals, Third Circuit.

Filed February 5, 2004.

Attorney(s) appearing for the Case

Joseph Kernen, (Argued), Neal Walters, Piper Rudnick, LLP, Philadelphia, for Appellant.

Michael D. Donovan, (Argued), David A. Searles, Donovan Searles, LLC, Philadelphia, James A. Francis, Francis & Mailman, P.C., Philadelphia, Alan M. Feldman, Feldman Shepherd, Wohlgelernter & Tanner, Philadelphia, for Appellees.

Before McKEE, SMITH and WEIS, Circuit Judges.

OPINION

WEIS, Circuit Judge.

In this diversity removal case involving a claim of a defect in an automobile, the District Court adopted the purchase price of the car as the overriding factor in assessing the jurisdictional amount in controversy. No allowance was made for the value of the car with the defect, nor was any reduction made for the plaintiff's use of the vehicle. Finding the record inadequate for determining the amount in controversy, we...

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