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Bowens v. BFI Waste System of North America, Inc.
Citation: 36 F. App'x 9Docket: Docket No. 01-7838
Court: Court of Appeals for the Second Circuit; May 31, 2002; Federal Appellate Court
The judgment of the district court is affirmed. Plaintiff-Appellant William Bowens appealed the summary judgment granted to BFI Waste Systems of North America, Inc. and BFI Waste Management Systems in his personal injury case. The district court, under Judge Skretny, dismissed the action based on the finding that Bowens was a “special employee” of BFI. Bowens also contested the federal court's removal of the case, claiming a lack of diversity of citizenship. However, the court established that diversity jurisdiction exists, as Bowens is a New York citizen while BFI is incorporated outside New York, and the amount in controversy exceeds $75,000. The appeal regarding Bowens' status as a “special employee” was rejected, affirming the district court's conclusions as stated in the prior orders. Additionally, Bowens' challenge to the removal was deemed meritless. Consequently, the district court's judgment is upheld.