Washington v. Hovensa LLC, No. 10-2328 (3d Cir. 2011)Annotate this Case
Plaintiff was injured while driving a rental car on a defendant's Virgin Islands property. Her suit against two Virgin Islands companies was dismissed for lack of subject-matter jurisdiction based on a determination that plaintiff was domiciled in the Virgin Islands at the time, notwithstanding her insistence that she was domiciled in Texas. Plaintiff owned a house in Texas, but had been living in an apartment and working on "indefinite" work assignment in the islands for seven months. She was born in the islands and has friends and relatives there as well as in Texas. The Third Circuit remanded, stating that the court did not give adequate consideration to plaintiff's declaration that she intended to return to Texas upon completion of her work assignment.