Garcia Colon v. Garcia Rinaldi

• Decision Date: 30 September 2004
• Docket Number: No. CIV. 01-1571(DRD).,CIV. 01-1571(DRD).
• Citation: 340 F.Supp.2d 113
• Parties: Milagros GARCIA COLON, Plaintiff, v. Raul GARCIA RINALDI et al., Defendants.
• Court: U.S. District Court — District of Puerto Rico

340 F.Supp.2d 113

Milagros GARCIA COLON, Plaintiff, v. Raul GARCIA RINALDI et al., Defendants.

No. CIV. 01-1571(DRD).

United States District Court, D. Puerto Rico.

September 30, 2004.

COPYRIGHT MATERIAL OMITTED

Eric M. Quetglas-Jordan, Esq., for Plaintiffs.

Hector Cuebas-Tanon, Esq., Jose A. Miranda-Daleccio, Esq., Jose H. Vivas, Esq., Jesus R. Morales-Cordero, Esq., Jose L. Gonzalez-Castaner, Esq., Dennis J. Cruz-Perez, Esq., Fernando E. Agrait-Betancourt, Esq., Isabel M. Guillen-Bermudez, Esq., Jorge E. Galva-Rodriguez, Esq., Luis R. Ortiz-Segura, Esq., Rafael Mayoral-Morales, Esq., Jose A. Santiago-Rivera, Esq., Angel Lopez-Hidalgo, Esq., Anselmo Irizarry-lrizarry, Esq., Juan M. Masini-Soler, Esq., Jorge E. Perez-Diaz, Esq., Hospital Dr. Susoni Inc., PRO SE, Jaime E. Morales-Morales, Esq., Pavia Health, Inc., PRO SE, Dario Rivera-Carrasquillo, Esq., Roberto Lefranc-Morales, Esq., for Defendants.

OPINION & ORDER

DOMINGUEZ, District Judge.

Plaintiffs filed their complaint under to diversity jurisdiction, pursuant to Article 1802 of the Civil Code of Puerto Rico, 31 P.R. Laws Ann § 5131. Plaintiffs sustain that while on the care of co-defendant Dr. Raul García Rinaldi, co-plaintiff Milagros García Colón, hereinafter García Colón, upon post operative complications due to an infected aortofemoral by-pass graft, suffered from more than one amputation of her legs. Plaintiffs sustain that García Colón was further treated for a right inguinal wound that was draining serous sanguineous fluids by co-defendant Dr. López de Victoria. Plaintiffs claim that said doctors together with the other co-defendants incurred in medical malpractice and/or are jointly and severally liable to the plaintiffs.

Pending before the Court is co-defendants', Guaranty Association of Miscelaneous Insurance, hereinafter Guaranty Association, in the interest of Hospital Dr. Susoni Inc, and Pavia Health Inc, and St Paul Fire and Marine Insurance Company Motion for Summary Judgment (Docket No. 90) joined by co-defendant, Orlando López de Victoria, hereinafter López de Victoria, (Docket No. 91) and co-defendant, Raul García Rinaldi, hereinafter García Rinaldi, (Docket No. 106) request of the dismissal of the instant claim alleging that the complaint is time barred. Co-defendants sustain that the action was time barred at the moment that plaintiffs made the extrajudicial demand upon García Rinaldi. Further, co-defendants sustain that the extrajudicial claims to another tortfeasor did not toll the limitations period as of to them because Plaintiff knowing as to their identity did not timely toll the statute of limitations. Plaintiff duly opposed to co-defendants' request. (Docket No. 95). Plaintiffs sustain the statute of limitations was tolled due to a timely extrajudicial claim made against Dr. García Rinaldi, and since the rest of co-defendants are joint tortfeasors the statute of limitations was equally tolled against them. The Court referred the above-mentioned motions to Magistrate Judge Vélez-Rivé for the issuance of a report and recommendation. (Docket No. 121). The Magistrate issued her Report and Recommendation recommending the Court the denial of co-defendants' motion for summary judgment(Docket No. 136). The Magistrate concluded that there were issues as to material facts, as to the date when the plaintiffs acquired the required knowledge in order for the statute of limitations to begin to run, precluding the issuance of summary disposition. The Magistrate further concluded that, co-defendants were joint tortfeasors and as such, the tolling of the statute of limitations against García Rinaldi, effectively tolled the statute of limitations for all co-defendants.

Notwithstanding, on the Status Conference held on April 1st, 2004, the Court granted co-defendants' request of leave to file a supplemental summary judgment in order to incorporate information acquired in Dr. Samuel Ayala López's deposition. See Minute for Status Conference, (Docket No. 112). Co-defendants filed their Supplemental Motions for Summary Judgment. (Docket No. 124 and 152). Plaintiffs filed the corresponding oppositions. (Docket No. 144 and 161). Co-defendants replied to plaintiffs' opposition(Docket No. 151) which was duly sur-replied by the plaintiffs (Docket No. 162). The Court referred the supplemental motions for summary judgment to Magistrate Judge Vélez-Rivé for her to reconsider her Report and Recommendation (Docket No. 135). After considering co-defendants' supplemental motions (Docket No. 174), the Magistrate issued her Second Report and Recommendation (Docket No. 186). The Magistrate found no significant new issues requiring a different result from her previous Report and Recommendation. Accordingly, the Magistrate incorporated her original Report and Recommendation (Docket No. 136) as an integral part of her Second Report and Recommendation (Docket No. 186), and reiterated her initial recommendation of denying co-defendants request.

I.

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 72(a), Local Rules, District of Puerto Rico. See Mathews v. Weber, 423 U.S. 261, 96 S.Ct. 549, 46 L.Ed.2d 483 (1976). An adversely affected party may contest the Magistrate's report and recommendation by filing objections within ten (10) days after being served a copy thereof. See Local Rule 72(d); FED.R.CIV.P. 72(b). Moreover, 28 U.S.C. § 636(b)(1) (1993), 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.

The "written objections shall specifically identify the portions of the proposed findings, recommendations or report to which objection is made and the legal basis for such objections." Local Rule 72(d). Provided that both plaintiff and defendant, have objected the Magistrate's determination, the Court shall make a de novo determination of the Magistrate's Report and Recommendation as to those parts that are timely objected.

II. Summary Judgment Standard

Summary judgment is a procedural device designed to screen out cases that present no trial worthy issues. See McCarthy v. N.W. Airlines, Inc., 56 F.3d 313, 314-15 (1st Cir.,1995). Plumley v. Southern Container Inc., 303 F.3d 364, 368-69 (1st Cir., 2002). The role of summary judgment is to look behind the facade of the pleadings and assay the parties' proof in order to determine whether a trial is required. McIntosh v. Antonino, 71 F.3d 29, 33 (1st Cir., 1995).

In conventional summary judgment practice, the moving party has the initial responsibility of suggesting the absence of a genuine issue of material facts. Quintero de Quintero v. Aponte-Roque, 974 F.2d 226, 227-28 (1st Cir.,1992). The moving party bears the two-fold burden of showing that there is "no genuine issue as to any material facts," and that he is "entitled to judgment as a matter of law." Vega-Rodriguez v. Puerto Rico Tel. Co., 110 F.3d 174, 178 (1st Cir.1997). That requires supporting the motion, by affidavits, admissions, or other materials of evidentiary quality, as to issues on which the movant bears the burden of proof. McIntosh v. Antonino, 71 F.3d at 33. A fact is "material" if it potentially could affect the suit's outcome. Cortes-Irizarry v. Corporacion Insular, 111 F.3d 184, 187 (1st Cir., 1997). An issue concerning such a fact is "genuine" if a reasonable fact finder, examining the evidence and drawing all reasonable inferences helpful to the party resisting summary judgment, could resolve the dispute in that party's favor. Id. Summary judgment is appropriate only if 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 a judgment as a matter of law." Fed.R.Civ.P. 56(c).

Once the movant has fulfilled this obligation, the burden shifts to the summary judgment target to demonstrate that a trial worthy issue exists. Suárez v. Pueblo Int'l, Inc., 229 F.3d 49, 53 (1st Cir.2000). The non-movant must present evidence with respect to each issue on which [its] has the burden of proof, to demonstrate that a trier of fact reasonably could find in [its] favor." González-De-Blasini v. Family Department et al., 377 F.3d 81, 87-88 (1st Cir., 2004) quoting DeNovellis v. Shalala, 124 F.3d 298, 306 (1st Cir., 1997) citing Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The non-movant cannot rest upon mere allegations or denial of the pleadings. Fed.R.Civ.P. 56(e). Indeed, the non-movant must affirmatively show that "sufficient evidence supporting the claimed factual dispute [exists] to require a jury or judge to resolve the parties' differing versions of truth at trial." First Nat. Bank of Ariz. v. Cities Service Co., 391 U.S. 253, 288-89, 88 S.Ct. 1575, 20 L.Ed.2d 569 (1968).

Fed.R.Civ.P. 56 does not ask which party's evidence is more plentiful, or better credentialed, or stronger weighted, because at the summary judgment stage, the Court may not weigh the evidence. Cortés-Irizarry v. Corporación Insular, 111 F.3d at 187; see also Casas Office Machines, Inc. v. Mita Copystar America, Inc., 42 F.3d 668 (1st Cir.1994). Summary judgment "admits no room for credibility determinations, no room for the measured weighing of conflicting evidence such as the trial process entails." Id. (citing Greenburg v. Puerto Rico Maritime Shipping Authority, 835 F.2d 932, 936 (1st Cir.1987)). Further,...