39 F.3d 1166 (1st Cir. 1994), 94-1633, Izquierdo v. Denton Const., Co.

Docket Nº:94-1633
Citation:39 F.3d 1166
Party Name:Lil IZQUIERDO, et al., Plaintiffs, Appellants, v. DENTON CONSTRUCTION, CO., et al., Defendants, Appellees.
Case Date:October 25, 1994
Court:United States Courts of Appeals, Court of Appeals for the First Circuit
 
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Page 1166

39 F.3d 1166 (1st Cir. 1994)

Lil IZQUIERDO, et al., Plaintiffs, Appellants,

v.

DENTON CONSTRUCTION, CO., et al., Defendants, Appellees.

No. 94-1633

United States Court of Appeals, First Circuit

October 25, 1994

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA1 Rule 36 regarding use of unpublished opinions)

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [Hon. Carmen C. Cerezo, Chief U.S. District Judge ]

Gabriel I. Penagaricano on brief for appellants.

Gloria L. Lebron Nieves and Cobian & Valls on brief for appellees.

D.Puerto Rico

AFFIRMED.

Before Selya, Circuit Judge, Campbell, Senior Circuit Judge, and Boudin, Circuit Judge.

Per Curiam.

Plaintiffs-appellants appeal the dismissal of their action for lack of diversity jurisdiction, as well as the denial of their motion for reconsideration. For the following reasons, we affirm.

I.

This is a personal injury action arising out of a motor vehicle accident which occurred in Puerto Rico. Plaintiffs- appellants are a married couple, Robert Campbell and Lil Izquierdo, and their three children, Robert, Jamilah, and Kirsa Campbell Izquierdo. On November 29, 1991, Lil Izquierdo and the three children were travelling together in an automobile when it collided with a motor vehicle driven by Rosario Rosa Acevedo. Lil Izquierdo was rendered unconscious by the accident and remained in a coma until January 6, 1992. On November 30, 1992, appellants brought a lawsuit in the United States District Court for the District of Puerto Rico against Rosario Rosa Acevedo, Denton Construction Company, Integrand Assurance Company, and the Puerto Rico Highway Authority. The amended complaint, which invokes diversity jurisdiction under 28 U.S.C. § 1332(a)(1), alleges that all plaintiffs are citizens of New York and all defendants are citizens of Puerto Rico.

On January 28, 1994, appellee Denton Construction Company moved to dismiss the action, claiming that diversity jurisdiction is lacking because Lil Izquierdo and the children were domiciled in Puerto Rico at the time of the accident. Appellee supported its contentions with, inter alia, excerpts from a deposition of Lil Izquierdo which revealed that she had been living in Puerto Rico for approximately eleven years. She and her husband had moved to Puerto Rico from New York after the birth of their third child, Kisra. They voted and worked in Puerto Rico. After some years, Robert Campbell moved back to New York because he was able to find a better job there. Lil Izquierdo remained in Quebradillas, Puerto Rico with the children and worked as a school teacher.

In opposition, appellants pointed out that the relevant date for determining whether diversity jurisdiction exists is the time of filing the complaint. See, e.g., Valedon Martinez v. Hospital Presbiteriano de la Comunidad, 806 F.2d 1128, 1132 (1st Cir. 1986). Appellants contended that Lil Izquierdo and the children had joined Robert Campbell in New York in January 1992, and that the entire family was domiciled there at the time the complaint was filed. Although since filing the complaint, Lil Izquierdo and the children had returned to Quebradillas, and Lil Izquierdo had returned to her former position as a...

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