BOKUN v. USAA CASUALTY INSURANCE COMPANY LLC (2021)

Writ application denied.

In light of what I view as an erroneous ruling by the trial court denying the defendant's motion to transfer for forum non conveniens under La. C.C.P. art. 123(A)(1), I would grant this application and reverse the trial court's decision, thereby requiring a transfer of this case to Bossier Parish.

The Civil Code provides that “[a] natural person changes domicile when he moves his residence to another location with the intent to make that location his habitual residence.” La. C.C. art. 44. Moreover, “[p]roof of one's intent to establish or change domicile depends on the circumstances.” La. C.C. art. 45. See also Becker v. Dean, 03-2493, p. 11 (La. 9/18/03), 854 So.2d 864, 871, citing Russell v. Goldsby, 00-2595 (La. 9/22/00), 780 So.2d 1048, 1051 (“The question of domicile is one of intention as well as fact, and where it appears domicile has been assumed in another location, the party seeking to show it has been changed must overcome the legal presumption that it has not been changed.”) In my view, defendant has satisfied its burden as mover to show why the instant motion to transfer should be granted. Not only did Mr. Bokun initially provide testimony that he intended to return to north Louisiana to finish medical school, there is no dispute the accident occurred in Bossier Parish, most witnesses to the accident remain in Bossier Parish, and defendant's principal place of business is now in Bossier Parish. Most importantly, plaintiffs failed to establish both residence and intent to remain in East Baton Rouge Parish, and, therefore, did not demonstrate a domicile in that parish. Under these peculiar circumstances, the absence of an affidavit in the public record, as contemplated by the Louisiana Civil Code, is significant. See La. C.C. art. 45 (“A sworn declaration of intent recorded in the parishes from which and to which he intends to move may be considered as evidence of intent.”) I would therefore reverse the trial court's ruling and remand the matter so that it may be properly transferred to Bossier Parish.

Crichton, J., would grant and assigns reasons. Hughes, J., recused.