Walker v. Paradise Taxicabs, Inc., Civ. No. 297-61.
| Decision Date | 31 January 1962 |
| Docket Number | Civ. No. 297-61. |
| Citation | 202 F. Supp. 469 |
| Parties | A. Philip WALKER, as father with Patria Potestas of Dixie Lee Walker, his daughter, and in his own behalf and on behalf of Lee Walker, his wife, Plaintiff, v. PARADISE TAXICABS, INC., and Maryland Casualty Company, Defendants. |
| Court | U.S. District Court — District of Puerto Rico |
Harley A. Miller, San Juan, P. R., for plaintiff.
Rivera Zayas, Rivera Cestero & Rua, San Juan, P. R., for defendants.
This amended complaint was brought by A. Philip Walker, as father with patria potestas of Dixie Lee Walker, his daughter, a minor, and also in his own behalf and on behalf of Lee Walker, his wife, against Paradise Taxicabs, Inc., a Puerto Rican corporation, and its liability insurer, Maryland Casualty Company, a Maryland corporation.
In the amended complaint the plaintiff based the jurisdiction of the court upon diversity of citizenship, claiming that he is a citizen of Arizona. The first cause of action refers to a typical taxicab accident, alleged to be due to the negligence of the driver in the employ of Paradise Taxicabs, Inc., in which Dixie Lee Walker suffered a fracture of the left distal fibula, sprain of the left ankle, severe bruises and contusions, and mental pain and anguish, valued at $12,000. The second cause of action, which was brought by Walker in his own name and in the name of his wife, reiterated the allegations of negligence and stated that they suffered severe mental anguish as a result of the injuries received by their daughter, and have incurred hospital bills and doctors' bills and other medical expenses to a total of $2,610. The plaintiff's claim against Paradise Taxicabs, Inc., amounted to $20,610. This figure included an allowance of $6,000 which plaintiff hoped to recover as attorney's fees.
The court has now before it motions to dismiss for lack of federal jurisdiction, filed by the two defendants. The only witness called by them to justify their motions to dismiss was the plaintiff, A. Philip Walker. I am satisfied that his domicile was in Arizona, as claimed. Mr. Walker impressed me as a straightforward and honest witness, who asserted that his domicile remained in Arizona, the place of his birth, despite the fact that he had occasional jobs elsewhere on assignment to him by his employer, the United States Immigration Service. Thus Mr. Walker happened to be in Puerto Rico with his family at the time of the accident in question. It is the practice of the Immigration Service to assign the plaintiff to jobs outside his State for a two-year period, with the possibility of extending that for one year by the employee's consent. Mr. Walker liked Puerto Rico and so he applied to the Service to extend his time here, which is now almost up. It is widely agreed in the law of domicile that a person's physical presence at...
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White v. All America Cable & Radio, Inc.
...individual does not necessarily become a domiciliary of the place they are assigned to for a fixed duration. See Walker v. Paradise Taxicabs, Inc., 202 F.Supp. 469 (D.P.R. 1962). Even if plaintiff had established domicile in Caracas, diversity jurisdiction would not exist. An American citiz......
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Velez v. Crown Life Ins. Co.
...238, 48 S.Ct. 239, 72 L.Ed. 547 (1928); Nathan v. Rock Springs Distilling Co., 10 F.2d 268 (6th Cir. 1926); Walker v. Paradise Taxicabs, Inc., 202 F.Supp. 469 (D.C.P.R.1962). In Batts Restaurant, Inc. v. Commercial Insurance Co., 406 F.2d 118, 120 (7th Cir. 1969), this rule was applied to a......
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CAST-A-STONE PRODUCTS OF SC, INC. v. Aetna Cas. & Sur. Co., Civ. A. No. 73-568.
..."costs" within the meaning of 28 U.S.C. § 1332(a)(1), supra, note 1, but is part of the "amount in controversy." Walker v. Paradise Taxicabs, Inc., 202 F.Supp. 469 (D.P.R.1962); Merrigan v. Metropolitan Life Ins. Co., 43 F. Supp. 209 (E.D.La.1942). There is no question that attorney's fees ......