Freidrich v. Davis

Freidrich and Davis, both American citizens, were passengers on a U.S. Airways flight in 2010 from Philadelphia to Munich, Germany. Davis formerly lived in Pennsylvania, but now lives in Germany. On his 2012 Registration and Ballot Request form, Davis checked a box that declared his intent to return to the U.S. Freidrich alleges that, during the flight, Davis left his seat and, while standing in the aisle waiting to use the lavatory, he fell on her, breaking her arm. In 2012, Freidrich filed suit against Davis for her injuries in the U.S. District Court for the Eastern District of Pennsylvania based on diversity jurisdiction. The court dismissed for lack of subject matter jurisdiction. The Third Circuit affirmed. Freidrich argued that, because Davis manifested his intent to return to the U.S., he did not produce sufficient evidence to rebut the presumption that his domicile continued to be Pennsylvania. Rejecting the argument, the court upheld a finding of a German domicile, based upon both Davis’ actions and his declarations of intent. View "Freidrich v. Davis" on Justia Law