Duff v. Beaty

ORDER

HAROLD L. MURPHY, District. Judge.

This case is before the Court on Defendant Beaty’s Motion to Dismiss the Complaint for Lack of Subject Matter Jurisdiction. Plaintiff filed this medical malpractice case alleging that jurisdiction existed because of diversity among the parties.Defendant Beaty claims that he is a domiciliary of Tennessee, as is Plaintiff, and, consequently, total diversity does not exist. On September 30, 1992, the Court held a hearing to determine the domicile of Defendant Beaty at the time Plaintiff filed the lawsuit.

The incident which gave rise to this case occurred on…