Pan American World Airways, Inc. v. Ramos, 6602.
Citation | 357 F.2d 341 |
Decision Date | 08 March 1966 |
Docket Number | No. 6602.,6602. |
Parties | PAN AMERICAN WORLD AIRWAYS, INC., Defendant, Appellant, v. Gicerio RAMOS, etc., et al., Plaintiffs, Appellees. |
Court | U.S. Court of Appeals — First Circuit |
Vicente M. Ydrach, San Juan, P. R., with whom Hartzell, Fernandez & Novas, San Juan, P. R., was on brief, for appellant.
A. J. Amadeo-Murga, Santurce, P. R., for appellees.
Before ALDRICH, Chief Judge, COFFIN, Circuit Judge, and CANCIO, District Judge.
This is a diversity action for personal injuries suffered by two passengers when appellant's plane caught fire. Appellant, in its answer, denied liability, but a week before trial it conceded liability and the case went to trial on damages only. After the jury returned verdicts for appellees, in the amounts of $8,000 and $1,000, respectively, appellees, pursuant to their complaint, requested of the court an award for counsel fees for "obstinacy" under the local Puerto Rico statute.1 Without taking evidence of the attorney's services2 the court awarded $2,500, and appellant appeals.
The federal court, of course, recognizes the Puerto Rican rule, enacted by statute, as a matter of substantive right. Cf. Cohen v. Beneficial Indus. Loan Corp., 1949, 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528. This provision is not for court costs to the prevailing party, but a special award when, on the entire case, or a particular issue, a party has, with regard to an issue of law or fact, unreasonably held to a position. Sanchez v. Cooperativa Azucarera, 1946, 66 P.R.R. 330; Prado v. Quinones, 1955, 78 P.R.R. 309; Cabanillas v. Gelpi, 1946, 65 P.R.R. 890. The court's award in this case seems large, particularly where appellant's obstinacy did not extend to the entire case, as appellees had asked very substantial damages, but we will not quite say it was beyond the court's discretion. There can be no question as to the correctness of the finding of obstinacy. Soto v. Lugo, 1956, 76 P.R.R. 416. Appellant's presently most seriously pressed complaint is that the court, rather than the jury, made the determination.
Assuming that the point was properly preserved, but see F.R.Civ.P. 49 (a), we find it without merit. Since Puerto Rico, as a civil law jurisdiction, has no jury in civil cases, there is no special local practice applicable to this question, even were we bound by such. Cf. Byrd v. Blue Ridge Rural Elec. Co-op., 1958, 356 U.S. 525, 78 S.Ct. 893, 2 L.Ed.2d 953. Conversely, if it be thought that we are bound to consider the Seventh Amendment, but see Byrd, supra, at 537, n. 10, 78 S.Ct. 893, for a court, rather than a jury, to pass upon the unreasonableness of a party's conduct in connection with the award of exemplary damages violates no constitutional mandate. Swofford v. B & W Inc., 5 Cir., 1965, 336 F.2d 406, cert. den. 379 U.S. 962, 85 S.Ct. 653, 13 L.Ed.2d 557, citing Birdsall v. Coolidge, 1876, 93 U.S. 64, 23 L.Ed. 802. Laying constitutional questions aside, we see no federal policy indicating the...
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Com. of Puerto Rico v. SS Zoe Colocotroni
...F.2d 1360 (1971). The Puerto Rican provision for attorneys' fees has been recognized in this Circuit. See, Pan American World Airways, Inc. v. Ramos, 357 F.2d 341 (1st Cir., 1966). But the rationale for this recognition is found in the well settled doctrine that commands application of stat......
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Freeman v. Package Machinery Co.
...court, having obtained jurisdiction, proceeds to hear and determine the state-law claim. See, e.g., Pan American World Airways, Inc. v. Ramos, 357 F.2d 341, 342 (1st Cir.1966) (Puerto Rico statute allowing assessment of attorneys' fees for "obstinacy" recognized in federal court "as a matte......
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...or a particular issue, a party, has with regard to an issue of law or fact, unreasonably held to a position. Pan American World Airways, Inc. v. Ramos, 357 F.2d 341, 342 (1966). It is our opinion that the findings of fact entered by this Court in this case, as well as the whole record befor......
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...right, governed by state law. See Navarro de Cosme v. Hospital Pavía, 922 F.2d 926, 934 (1st Cir.1991); Pan American World Airways, Inc. v. Ramos, 357 F.2d 341, 342 (1st Cir.1966). 10 See Plaintiffs' Opposition to Motion for J.N.O.V. at 14. 11 Erie Railroad Company v. Tompkins, 304 U.S. 64,......