Gordon v. Steele
376 F.Supp. 575 (1974)
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Rule of Law:
For purposes of diversity jurisdiction, a person establishes a new domicile by taking up residence in a new state with the intention to remain there for an indefinite period of time; an intention to remain permanently is not required.
Facts:
- Susan Gordon was a citizen of Pennsylvania, residing with her parents in Erie.
- On February 25, 1972, Gordon suffered a wrist injury and received medical treatment from two physicians and an osteopathic hospital in Erie.
- Gordon alleged that the defendants wrongfully diagnosed her injury, leading to continuing pain and disability.
- On August 9, 1972, Gordon enrolled as a student at Ricks College in Rexburg, Idaho.
- Upon moving to Idaho, Gordon rented an apartment which she maintained continuously as her residence.
- Gordon stated her intention was not to return to Pennsylvania after finishing her education.
- While in Idaho, Gordon maintained her Pennsylvania driver's license and a bank account in Erie, and returned to Erie for summer work and Christmas vacations.
- Gordon also established ties to Idaho, including becoming a subscriber to the Blue Cross of Idaho.
Procedural Posture:
- Susan Gordon filed a medical malpractice lawsuit against two physicians and an osteopathic hospital in the U.S. District Court for the Western District of Pennsylvania.
- Gordon, the plaintiff, asserted federal jurisdiction based on diversity of citizenship, claiming she was a citizen of Idaho and the defendants were citizens of Pennsylvania.
- The defendants filed a motion to dismiss for lack of jurisdiction, arguing that Gordon remained a citizen of Pennsylvania.
- The court postponed its decision on the motion pending further depositions of the plaintiff.
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Issue:
Does a college student establish a new domicile for diversity jurisdiction purposes when she moves to another state for school, rents an apartment, and expresses an intent not to return to her former state, despite maintaining some ties like a driver's license and visiting family?
Opinions:
Majority - Knox, District Judge
Yes. A college student establishes a new domicile for diversity jurisdiction purposes by residing in the new state with an intent to remain indefinitely. The court found that Susan Gordon was a citizen of Idaho for the purpose of diversity jurisdiction. The court applied a two-part test for domicile: physical presence in a location and the intent to remain there indefinitely (animo manendi). Citing Krasnov v. Dinan and Gallagher v. Philadelphia Transportation Co., the court emphasized that the standard is intent to remain indefinitely, not permanently. A vague possibility of moving elsewhere in the future does not negate the establishment of a new domicile. The court weighed the factors indicating Gordon's ties to both Pennsylvania and Idaho, but placed significant weight on her own declarations of intent not to return to Pennsylvania, combined with the objective fact of her renting and maintaining an apartment in Idaho. The court also noted the modern tendency to treat students over 18 as emancipated adults capable of forming their own intent regarding domicile.
Analysis:
This case clarifies the application of the domicile test for college students, a large and mobile population. It solidifies the principle that 'indefinite' intent is the standard, not 'permanent' intent, making it easier for students to establish a new domicile in their college state for diversity jurisdiction purposes. The decision reflects a modern understanding of students over 18 as emancipated adults capable of forming their own domiciliary intent, distinct from their parents. This precedent is significant for any diversity case involving a student, as it prioritizes the student's subjective intent when supported by objective factors like maintaining a separate residence.
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