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Civil Procedure Keyed to Yeazell
Hawkins v. Master Farms, Inc.
ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
On December 8, 2000, James Creal was killed while his automobile was struck by a tractor owned by Defendant Master Farms, Inc., on Mineral Point Road, just south of Troy, Kansas. At the time of his death, Mr. Creal was living in Troy, Kansas. His death certificate lists Kansas as his residence. Until his death in December 2000, Mr. Creal retained certain connections with the State of Missouri. In November 1999, he applied for a Missouri title and license for his Chevrolet van using his mother’s St. Joseph address. In December 1999, he applied for automobile insurance on the van using the same address. In March 2000, he listed the address when he took out a loan and applied for a new Missouri title on the van to name a new lien holder. In April 2000, he renewed his Missouri driver’s license for three more years under the address. In May 2000, he filled out a form for life insurance listing the address. Mr. Creal also received mail and his paycheck stubs at his mother’s house, where he stopped by every week to visit. After his death, an estate was opened for Mr. Creal in Buchanan County, Missouri alleging that he resided at his mother’s address at the time of his death. Plaintiff, the executor of Creal’s estate, brought an action against Defendant in Federal district court, alleging diversity jurisdiction. Defendant disputed that there was complete diversity between the parties, and moved to dismiss.
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