Johnson v. General Motors Corporation
Decision Date | 08 June 1965 |
Docket Number | No. 4887.,4887. |
Citation | 242 F. Supp. 778 |
Parties | Charlie JOHNSON, Administrator of the Estate of Lexie Juanita Johnson, deceased, Plaintiff, v. GENERAL MOTORS CORPORATION, Libbey-Owens-Ford Glass Company and John Doe, Defendants. |
Court | U.S. District Court — Eastern District of Virginia |
Steingold, Steingold & Chovitz, Israel Steingold, Norfolk, Va., for plaintiff.
White, Ryan & Reynolds, Harvey E. White, Jr., Norfolk, Va., for GMC.
Rixey & Rixey, E. Pryor Wormington, Norfolk, Va., for Libbey-Owens-Ford Glass Co.
Pender, Coward, McDuffie & Addison, Nelson W. Coward, Norfolk, Va., for General Accident Fire & Life Assur. Corp.
Plaintiff has filed this action alleging federal jurisdiction by reason of alleged diversity of citizenship and the amount in controversy. Plaintiff is a citizen of Virginia. The defendants General Motors Corporation and Libbey-Owens-Ford Glass are corporations organized and existing under the laws of the States of Michigan and Delaware, respectively. These defendants have their principal offices in Detroit, Michigan.
The defendant John Doe is an unknown party. Plaintiff alleges that the true party in interest is General Accident Fire and Life Assurance Corporation by reason of an automobile liability insurance policy issued to Charlie E. Johnson, the husband of plaintiff's decedent, Lexie Juanita Johnson, which said policy gives certain protection under the Virginia Uninsured Motorist law.
The corporate defendants and John Doe1 have raised the issue of jurisdiction contending that the citizenship of John Doe cannot be shown to be that of some state other than Virginia and, therefore, diversity does not exist. Plaintiff, while not conceding that John Doe need be shown to be a citizen of some state other than that of plaintiff's citizenship, argues that John Doe is a fictitious person and General Accident, a Pennsylvania corporation, is the real party in interest. We agree with the defendants on each point.
It is fundamental that where diversity is challenged, the plaintiff has the burden of establishing that diversity exists. Plaintiff concedes that he cannot offer any proof as to the citizenship of the unknown party, John Doe. Indeed, since the accident giving rise to this cause of action took place in the City of Norfolk, it is more probable than not that the unknown driver of the motor vehicle, which allegedly forced the vehicle occupied by plaintiff's decedent off the highway, was a citizen of Virgina.
In 2 Moore's Federal Practice, § 8.10, p. 1664, we find the following:
The "unusual circumstances" referred to in the foregoing quotation covers the situation where the plaintiff has a definite person in mind but does not know his true name, although plaintiff can truthfully aver that the John Doe defendant is a citizen of an alleged state.
We turn to the contention that the citizenship of John Doe may be disregarded and that General Accident is the real party in interest. While it may be true that, if John Doe is determined to be a party liable...
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