Gomez v. Snyder Ranch

I am unable to agree with the majority.

1. The equation of “domicil of origin” with “resident of the United States at the time of the injury” is simply not logical or reasonable. “Domicil of origin” is determined at the time of birth. Restatement (Second), Conflict of Laws, § 22. Residence at time of injury, when speaking of an unborn child, must of necessity be the residence of the mother who is carrying the child at the time. The question, then, is not where the child resided (or was “domiciled”) at the time he was born, but where he resided when his father was fatally injured.

In my opinion,…