Walls v. Ahmed
United States District Court for the Eastern District of Pennsylvania
832 F. Supp. 940 (1993)
- Written by Mary Phelan D'Isa, JD
Facts
A multivehicle accident 1992 in Pennsylvania resulted in the death of Teresa-Lynn Bastiand (plaintiff) and a subsequent wrongful-death suit against Khalil Ahmed (defendant), a New Jersey citizen, and William R. White and Matsinger Enterprises, Inc., both Pennsylvania citizens. When the accident occurred, Bastiand was traveling from her former New Jersey home to her new Florida home. Jurisdiction was premised on diversity of citizenship under 28 U.S.C. §1332(a)(1). A year before her death, Bastiand purchased a Florida lot for her new home. Thereafter, she oversaw the home’s construction, enrolled her son in school in Florida, acquired Florida phone service, rented a van one-way to move her belongings to Florida, secured Florida employment, spent considerable time in Florida, and expressed her intent to make Florida her permanent home. During the trial, Ahmed challenged diversity and argued that Bastiand was a New Jersey citizen at the time of the accident due to the former or original domicile presumption. He also alleged that she never reached Florida to establish her new domicile.
Rule of Law
Issue
Holding and Reasoning (Katz. J.)
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