Hawkins v. Masters Farms, Inc.

2003 WL 21555767 (D.Kan. 2003)

What's Going On?

Defendants move to dismiss Plaintiffs' federal diversity action on the grounds that complete diversity does not exist between the parties in a lawsuit arising from a traffic accident between Defendants and Plaintiffs' decedent.

Who's Who?

Plaintiffs     :

Mary Ann Hawkins – representative of the estate of James Patrick Creal, citizen of Missouri; and
Rachel Baldwin – [heir of James Creal], citizens of Missouri.

Defendants :

Masters Farms, Inc. – owner of tractor that collided with James Creal's automobile, citizen of Kansas;
Jack E. Masters – driver of tractor that collided with James Creal, citizen of Kansas; et al.

Facts:

In December 2000, James Creal was killed in an automobile accident after his car collided with a tractor, driven by Defendant Jack Masters, near Troy, Kansas. Creal was living in Troy with his with his wife, Elizabeth, and her two children at the time of his death. Creal met Elizabeth in November 1999, when Creal was living with his mother in St. Joseph, Missouri. In January 2000, Creal began spending the night at Elizabeth's apartment in Troy, and contributed to the household costs; however he returned to his mother's home daily to shower and change clothes after work. In March 2000, after Elizabeth and her children moved to a different apartment in Troy, Creal brought his belongings there and ceased showering and changing at his mother's house. Creal also opened a joint checking account with Elizabeth to help pay the household bills. Creal married Elizabeth in July 2000 and they moved into a house in Troy in November 2000. At the time of Creal's death, many of his important documents reflected his mother's Missouri address. Creal's death certificate listed Kansas as his residence; however, his estate alleges that he resided in Missouri at the time of his death. Plaintiffs Mary Ann Hawkins, representative of James Creal's estate, and Rachel Baldwin, [heir of James Creal], brought a federal diversity action against Defendant Jack Masters, and Defendant Masters Farms, Inc., the owner of the tractor involved in the collision. Plaintiffs are both citizens of Missouri. Defendants are Kansas citizens. At trial, Elizabeth stated that she and Creal had thought about moving to Missouri, but had not looked for houses, there. Defendants move to dismiss Plaintiffs' federal diversity action on the grounds that complete diversity does not exist between the parties.

Issue:

May a person be a citizen of one state although he or she maintains connections with another state?

Decision:

Yes. Plaintiffs bear the burden of proving that jurisdiction is proper. The presumption is against federal jurisdiction. Although Plaintiff Hawkins is a Missouri citizen, because she is a legal representative of Mr. Creal's estate, her citizenship shall be determined by Mr. Creal's citizenship. For purposes of determining whether diversity jurisdiction exists, a person is a “citizen” of the state in which he or she is domiciled, and for adults, domicile is established by physical presence in a place and the display of an intent to remain there. At the time of his death, Mr. Creal had lived with his wife in Troy, Kansas for nearly one year. Mr. Creal contributed to household costs, and had moved his belongings to their home in Kansas. Mr. Creal had established his physical presence in Kansas and displayed the intent to remain there. The connections that Mr. Creal maintained with Missouri and his “floating intention” to return there are insufficient to overcome the evidence that he was domiciled in Kansas when he died. Plaintiffs, however, have failed to carry their burden of showing the existence of complete diversity. Defendants' motion to dismiss is therefore granted.

Basic Rule:

For purposes of determining whether diversity jurisdiction exists, a person is a “citizen” of the state in which he or she is domiciled and, for adults, domicile is established by physical presence in a place and the display of an intent to remain there.

Terms:

Domicile :

The place where an individual is physically present and that the individual regards as his or her permanent home, where he or she intends to return even when not residing there.

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