Arias-Rosado v. Gonzalez Tirado

OPINION AND ORDER

GIERBOLINI, District Judge.

On this occasion 1 we must decide which citizenship will be taken into account to determine diversity jurisdiction as to the cause of action for the moral damages suffered by plaintiffs’ decedent — that of the decedent or that of the heir claiming said damages. We must also determine whether vel non the members of the estate are indispensable parties without whom the survivorship cause of action cannot be pursued in this court.

BACKGROUND

This is a wrongful death action arising out of a traffic accident in which Rafael Arias Hernández suffered…