## Facts

- Plaintiffs brought wrongful-death and survival claims arising from a multi-vehicle accident in Pennsylvania that killed Teresa Lynn Bastiand.
- Federal jurisdiction was asserted under diversity of citizenship.
- During trial, defendant Khalil Ahmed challenged subject-matter jurisdiction, arguing complete diversity was absent because the decedent remained domiciled in New Jersey.
- About one year before her death, the decedent purchased a lot in Florida, oversaw construction of a home there, and spent substantial time in Florida related to the move.
- The decedent arranged Florida-based indicia of permanent relocation, including enrolling her child in Florida school, obtaining Florida telephone service, and securing employment in Florida.
- The decedent rented a one-way van to move her belongings from New Jersey to Florida and was traveling from New Jersey to Florida when the fatal accident occurred in Pennsylvania.
- Evidence showed the decedent expressed an intent to make Florida her permanent home.

## Issues

1. Whether the court had diversity jurisdiction under 28 U.S.C. § 1332(a)(1) given the dispute over the decedent’s domicile at the time of death.
2. Whether a person can establish a new domicile in a destination state for diversity purposes when death occurs during the relocation trip before arrival.
3. Whether, under 28 U.S.C. § 1332(c)(2), the estate’s legal representative’s citizenship follows the decedent’s domicile as determined at death.

## Decision

- The court held the decedent was domiciled in Florida at the time of her death.
- Under 28 U.S.C. § 1332(c)(2), the executrix of the estate was deemed a Florida citizen.
- Because defendants were citizens of New Jersey and Pennsylvania, complete diversity existed.
- The court denied Ahmed’s jurisdictional challenge and retained subject-matter jurisdiction.

## Legal Principles

- Subject-matter jurisdiction may be challenged at any time, including during trial.
- Diversity jurisdiction under 28 U.S.C. § 1332 requires complete diversity: no plaintiff may share state citizenship with any defendant.
- For diversity purposes, the legal representative of a decedent’s estate is deemed a citizen of the same state as the decedent. 28 U.S.C. § 1332(c)(2).
- Domicile is determined by physical presence plus intent to remain indefinitely, and an existing domicile is presumed to continue unless rebutted by competent evidence.
- In evaluating domicile during an interrupted relocation, clear intent to make a new state a permanent home, together with substantial objective steps toward resettlement, can rebut the presumption of the former domicile even if the person dies before arrival.

## Conclusion

The court concluded that substantial objective preparations to relocate, combined with a settled intent to reside permanently in Florida, established Florida domicile despite death occurring en route; therefore, the estate representative was a Florida citizen and complete diversity supported federal jurisdiction.


Walls v. Ahmed, 832 F. Supp. 940 (E.D. Pa. 1993)