Gordon v. Steele

376 F. Supp. 575 · District Court, W.D. Pennsylvania · 1974

Facts

Susan Gordon, an 18-year-old Pennsylvania native, sued Pennsylvania doctors and a hospital for malpractice. After turning 18, she moved to Rexburg, Idaho, to attend college, renting an apartment and expressing an intent not to return to Pennsylvania. Defendants moved to dismiss for lack of diversity jurisdiction, arguing she remained a Pennsylvania resident.

Issue

Did the plaintiff, an 18-year-old college student who moved from Pennsylvania to Idaho, establish a new domicile in Idaho for purposes of diversity jurisdiction, despite maintaining some ties to Pennsylvania?

Holding

Yes, the court held that the plaintiff had established a new domicile in Idaho, finding sufficient evidence of her intent to remain there indefinitely. Therefore, the motion to dismiss for lack of diversity jurisdiction was denied.

Rule

To establish a new domicile for diversity jurisdiction, a person must demonstrate physical residency in the new state coupled with an intent to remain there indefinitely, even if there's a vague possibility of eventually moving elsewhere. The age of majority and emancipation acts are relevant factors for students.

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Case brief last reviewed 2026-06-05. Prepared by CaseReader from the published opinion.