Bado-Santana v. Ford Motor Co.

Decision Date17 September 2003
Docket NumberNo. 00-2517 (DRD).,00-2517 (DRD).
Citation283 F.Supp.2d 520
PartiesEduardo BADO-SANTANA, et al., Plaintiffs, v. FORD MOTOR COMPANY, Defendant.
CourtU.S. District Court — District of Puerto Rico

Jose A. Gallart, Michelle Pirallo-Di Cristina, San Juan, PR., for plaintiffs.

Salvador Antonetti-Zequeira, Fiddler, Gonzalez & Rodriguez, San Juan, PR, for Bridgestone-Firestone, Inc.

John R. Trigg, Habib Nasrullah, Wheeler Trigg and Kennedy, P.C., Denver, CO, Manuel A. Guzman-Rodriguez, Guzman & Steffens, San Juan, PR, for Ford Motor Company.

AMENDED OPINION & ORDER

DOMINGUEZ, District Judge.

Pending before the Court is Defendant's, Ford Motor Company, (hereinafter referred to as "Ford" or "Defendant") Motion for Partial Summary Judgment1 (Docket No. 63), which Plaintiffs, Eduardo Bado Santana, et al., (hereinafter referred to as "Legal-Aged Plaintiffs" or "Plaintiffs"), duly opposed (Docket No. 64). On November 11, 2002, the Court referred the matter to Magistrate Judge Aida Delgado Colon for a report and recommendation, pursuant to 28 U.S.C. § 636(b)(1)(B); FED. R.CIV. P. 72(b); and Local Rule 503. (Docket No. 44). The Magistrate filed a Report and Recommendation ("R & R") on February 26, 2003 (Docket No. 76), and thereafter an Amended R & R. (Docket No. 78). In the report, the Magistrate recommended that the Motion for Partial Summary Judgment filed by Defendant be granted.2 Plaintiffs filed their objections thereto, on March 10, 2003. (Docket No. 80). After considering Plaintiffs' objections, and reviewing de novo the R & R, the Court determines that Ford's Motion for Partial Summary Judgment should be GRANTED.

I. MAGISTRATE REPORT AND RECOMMENDATION

The District Court may refer dispositive motions to a United States Magistrate Judge for a Report and Recommendation. 28 U.S.C. § 636(b)(1)(B) (1993); FED. R.CIV. P. 72(b); Rule 503, Local Rules, District of Puerto Rico. See Mathews v. Weber, 423 U.S. 261, 96 S.Ct. 549, 46 L.Ed.2d 483 (1976). Of course, an adversely affected party may contest the Magistrate's report and recommendation by filing its objections within ten (10) days after being served a copy thereof. See Local Rule 510.2(A); FED.R.CIV. P. 72(b). Moreover, 28 U.S.C. § 636(b)(1), in pertinent part, provides that:

Within ten days of being served with a copy, any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court. A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate.

See 28 U.S.C. § 636(b)(1).

However, pursuant to FED.R.CIV. P. 72(b), "[a]bsent objection by the plaintiffs, the district court had a right to assume that plaintiffs agreed to the magistrate's recommendation." Templeman v. Chris Craft Corp., 770 F.2d 245, 247 (1st Cir.1985), cert. denied, 474 U.S. 1021, 106 S.Ct. 571, 88 L.Ed.2d 556 (1985). Moreover, "[f]ailure to raise objections to the Report and Recommendation waives that party's right to review in the district court and those claims not preserved by such objection are precluded on appeal." Davet v. Maccarone, 973 F.2d 22, 30-31 (1st Cir. 1992). See also Henley Drilling Co. v. McGee, 36 F.3d 143, 150-151 (1st Cir.1994) (holding that objections are required when challenging findings actually set out in magistrate's recommendation, as well as magistrate's failure to make additional findings); Lewry v. Town of Standish, 984 F.2d 25, 27 (1st Cir.1993) (stating that "[o]bjection to a magistrate's report preserves only those objections that are specified"); Keating v. Secretary of H.H.S., 848 F.2d 271, 275 (1st Cir.1988); Borden v. Secretary of H.H.S., 836 F.2d 4, 6 (1st Cir.1987) (holding that appellant was entitled to a de novo review, "however he was not entitled to a de novo review of an argument never raised"). See generally United States v. Valencia-Copete, 792 F.2d 4, 6 (1st Cir.1986); Park Motor Mart, Inc. v. Ford Motor Co., 616 F.2d 603, 605 (1st Cir.1980).

Provided Plaintiffs have objected to all the determinations addressed by the Magistrate, the Court shall make a de novo determination and review of the arguments raised by both parties.

II. FACTUAL AND PROCEDURAL BACKGROUND

The Court must analyze the factual scenario in this case construing the facts, the record, and all reasonable inferences in the light most favorable to the party opposing summary judgment. Reeves v. Sanderson Plumbing Products, Inc., 530 U.S. 133, 150, 120 S.Ct. 2097, 2110, 147 L.Ed.2d 105 (2000)("... the Court must draw all reasonable inferences in favor of the nonmoving party ..."); see also, Leahy v. Raytheon Company, 315 F.3d 11, 17 (2002) ("... the court must take the record `in the light most hospitable to the party opposing summary judgment, indulging all reasonable inferences in that party's favor'.") (quoting Griggs-Ryan v. Smith, 904 F.2d 112, 115 (1st Cir.1990); see also, Plumley v. Southern Container Inc., 303 F.3d 364, 368-69 (1st Cir.2002)).

Plaintiffs filed the instant case pursuant to this Court's diversity jurisdiction, 28 U.S.C. § 1332, on November 30, 2000. (Docket No. 1), against Defendants Bridgestone-Firestone, Inc., and Ford Motor Company. Plaintiffs' claims for damages stem from a vehicle accident which resulted in the death of the driver of the vehicle, Carlos Bado Barreto. The instant case involves a product liability suit regarding a Ford Explorer ("Explorer"), a Sports Utility Vehicle ("SUV"), that rolled over while being driven by its owner.

On May 2, 1999, Plaintiffs, Carlos Bado-Barreto, Tatiana Cortes Gonzalez, and Israel Dominicci Rivera, were traveling in Bado's Ford Explorer on their way to Aguadilla, Puerto Rico. While in state road # 102, the rear tires of the Explorer exploded, causing Bado-Barreto to lose control of the vehicle. As a consequence, the Explorer began to skid across the road and finally rolled over several times until crashing against a tree. As a result of the crash, Bado-Barreto was expelled from the Explorer and was found approximately 69 feet away from the vehicle. As a consequence of the accident, Bado-Barreto lost his life. He passed away later that same day.

Plaintiffs3, being relatives and friends of the deceased, filed the instant complaint claiming damages. Plaintiffs filed the instant product liability suit for the wrongful death of Bado-Barreto, and the damages suffered as a result of the negligent design and construction of the rear tires of the Ford Explorer involved in the accident. In their original complaint, Plaintiffs averred that Bridgestone-Firestone, Inc., was negligent inasmuch as it designed, manufactured, distributed, and sold defective tires, model Firehawk ATX DOT VD. Plaintiffs further stated that Co-Defendant Ford was negligent in including the Firestone tires as standard equipment of the Ford Explorers, because Ford should have known that the tires were defective and dangerous. (Docket No. 1, ¶ 22, ¶ 23). Plaintiffs alleged that it was not until August 9, 2000, at the time Brigdestone-Firestone published a recall of certain tires, that they became aware for the first time that the May 2, 1999, accident was caused by the faulty design and manufacture of the tires.

Plaintiffs voluntarily dismissed all claims against Bridgestone-Firestone, Inc., on May 8, 2001 (Docket No. 24),4 and thereafter filed a Second Amended Complaint (Docket No. 27), only against Ford Motor Company, stating this time that the accident was caused by the roll over of the Explorer, and because of the vehicle's design defects.5 In the second complaint, Plaintiffs specifically asserted that Ford was negligent inasmuch as it had knowledge since 1989 that the Ford Explorer had design problems, making them more prone to roll over; that Ford did not correct said design defect, despite recommendations to do so; and that Ford included as its standard equipment a defective seat belt system.6

Ford filed a Motion to Dismiss (Docket No. 43), on the ground that all legal aged Plaintiffs' claims were barred by the one-year statute of limitations for tort actions set forth in Article 1868 of the Puerto Rico Civil Code, 31 P.R. Laws Ann. § 5298. (Docket No. 43). Plaintiffs thereafter opposed, stating the August 9, 2000, Brigdestone-Firestone recall, and the publicity generated as a consequence of the litigation between Bridgestone-Firestone, Inc., and Ford, caused the discovery for the first time that the accident was the responsibility of negligent design and construction of the Ford Explorer. (Docket No. 51).

The Court denied Defendant's Motion to Dismiss without Prejudice, albeit indicating that it was strongly inclined to dismiss the complaint as time-barred. Because Ford attached documents as exhibits to its reply to Plaintiffs' opposition (Docket No. 48), the Court decided to grant all parties the opportunity to present materials outside the pleadings, and thus denied the motion enabling all to raise the matter in accordance with Fed.R.Civ.P. 56. (Docket No. 62). Ford complied and filed the instant Motion for Partial Summary Judgment, which Plaintiffs vigorously opposed. The arguments set forth through the parties' summary judgment and respective opposition, are parallel to the ones set forth under the motion to dismiss and its opposition, but now accompanied by documents outside the pleadings. The Court now addresses those arguments, as briefed in the preceding paragraph, and reviewing the Magistrate's R & R, de novo.

III. SUMMARY JUDGMENT STANDARD

Fed.R.Civ.P. 56(c), provides that it is appropriate to enter summary judgment where "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to summary...

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