Seaman Can Sue U.S. Government In District Where He Resides Instead Of His Domicile
GEORGE LEWIS, Plaintiff, v. UNITED STATES OF AMERICA, Defendant.
No. C 04-1834 PJH
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
2004 U.S. Dist. LEXIS 25283
December 2, 2004, Decided
OVERVIEW: The seaman alleged that he was injured while working on board a United States Navy vessel in June 2003. The seaman moved to California around February 2004. In May 2004, after the vessel set sail, the seaman filed suit in the Northern District of California, on the grounds that the PVA permitted suit in the residence of the seaman if the vessel was at sea. The Government argued that the seaman had to establish domicile, not mere residence in the district, and that he did not truly reside in the district. The court determined that, under the PVA, the seaman was required only to prove that he established "residence" in the district and not "domicile." The court also determined that the seaman established his residence in the district by his physical presence.
OUTCOME: The court denied the Government's motion to dismiss and denied as moot the Government's motion to transfer for improper venue.
