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Question
A borrower went to a bank and obtained a loan, signing all the documents the bank required. Several months later, the borrower returned to the bank to make a deposit in the borrower's savings account. During that latter visit, the borrower slipped and fell on the overly polished floor of the bank's lobby. The borrower filed an action against the bank in federal district court. The action joined both (i) a claim that the bank was liable for violating federal truth in lending statutes in relation to the loan transaction and (ii) a tort claim that the bank was liable for injuries the borrower sustained when he fell in the bank lobby. The borrower and the bank are citizens of the same state. Can the borrower properly maintain both claims in the same action in federal court?
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