Carr v. Puerto Rico Ports Authority

806 F. Supp. 2d 494, 2011 U.S. Dist. LEXIS 92775, 2011 WL 3648266
CourtDistrict Court, D. Puerto Rico
DecidedAugust 18, 2011
DocketCivil No. 10-1170(SEC)
StatusPublished
Cited by3 cases

This text of 806 F. Supp. 2d 494 (Carr v. Puerto Rico Ports Authority) is published on Counsel Stack Legal Research, covering District Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carr v. Puerto Rico Ports Authority, 806 F. Supp. 2d 494, 2011 U.S. Dist. LEXIS 92775, 2011 WL 3648266 (prd 2011).

Opinion

OPINION and ORDER

SALVADOR E. CASELLAS, Senior District Judge.

Before the Court are the above-captioned defendants’ (“Defendants”) “Motion for Partial Dismissal” (Docket # 90), and plaintiffs’ (“Plaintiffs”) opposition thereto (Docket # 95). After reviewing the filings and the applicable law, the Court GRANTS Defendants’ motion.

Factual and Procedural Background

This is a diversity tort-suit, where plaintiffs Marcia Ann Carr and her husband (both Canadian citizens) seek redress for damages arising from a fall at the Luis Muñoz Marin International Airport. Docket #4. Defendants are the owner of the airport, the Puerto Rico Ports Authority (the “Ports Authority”); the independent contractor in charged of cleaning and maintaining the common areas of terminal 34, North Janitorial Services Inc. (“North Janitorial”); and North Janitorial’s insurance company, Seguros Triple-S Inc. Id.

A detailed discussion of the facts underlying this suit is provided in a prior Opinion and Order available at Carr v. Puerto Rico Ports Authority, 2011 WL 1484158 (D.P.R. Apr. 15, 2011).1 Accordingly, to adjudicate the matters now pending, the following uncontested facts suffice: (1) Carr fell on a wet floor within terminal 34 of the airport; (2) no signs warned the public about the conditions of the floor; (3) the contract between the Ports Authority and North Janitorial encompassed the area where the fall allegedly happened; and (4) the contract required North Janitorial to wash and dry the floors at the terminal, to place warning signs in wet floor areas, and to take other precautionary measures to prevent slip-and-falls. See Docket ## 52-1 and 63.

Previously, Plaintiffs moved for summary judgment regarding Defendants’ liability, but the Court denied the motion, concluding that Plaintiffs had failed to satisfy the requisite burden at that stage. Docket # 77. Shortly thereafter, at a case management and settlement conference, the Court informed the parties that “the undisputed facts plaintiffs presented in their motion did not appear to support a cause of action against co-defendant the Ports Authority.” Docket # 82. Accordingly, to rule out the possibility of trying an unnecessary issue, and to hear the parties’ positions, the Court ordered the filing of supplemental motions regarding the Ports Authority’s liability. Id.

Defendants captioned their motion as “Motion for Partial Dismissal.” Docket # 90. There, Defendants accept that they had a principal/contractor relationship as to the area where Plaintiffs allege that the accident happened. Id. at ¶ 3. Nevertheless, they argue that the Ports Authority would not be liable for the fall if it happened where alleged, because Puerto Rico law — i.e., Pons Anca v. Engebretson, 160 D.P.R. 347 (2003) — precludes the imposition of liability upon a principal for the negligence of an independent contractor. Id. at ¶ 6.

Defendants next contend that Plaintiffs have presented no evidence to show that [496]*496the Ports Authority’s direct negligence caused the fall. Id. Specifically, they aver that (1) “[Plaintiffs have not alleged that the Ports Authority knew or should have [known] about the conditions which allegedly caused the accident”; (2) “the Ports Authority failed to adequately monitor North Janitorial’s performance pursuant to the terms of the contract”; and (3) “all of plaintiffs’ evidence is directed at establishing the alleged liability on the part of North Janitorial Services Inc.” Id. at ¶ 7. Thus, Defendants conclude that “the cause of action against Port[s] Authority must be dismissed with prejudice.” Id. at ¶ 8.

Plaintiffs oppose these contentions. Docket # 95. In doing so, they direct the Court to First Circuit authority holding that the Ports Authority’s duty to maintain its premises in a reasonable safe condition is nondelegable and that an independent contractor’s negligence can be imputed to its principal. Id. at pgs. 7-8 (citing Colmenares Vivas v. Sun Alliance Ins. Co., 807 F.2d 1102, 1106 (1st Cir.1986) and Wells Real Estate Investment Trust II, Inc. v. Chardon/Hato Rey Partnership, S.E., 615 F.3d 45, 58 (1st Cir.2010)). Nonetheless, conceding that these cases directly contravene Puerto Rico Supreme Court authority, Pons, 160 D.P.R. 347, and thus are inapplicable under Erie R.R. Co. v. Tompkins, 304 U.S. 64, 78, 58 S.Ct. 817, 82 L.Ed. 1188 (1938), Plaintiffs posit that “Pons does not necessarily relieve principals such as the Ports Authority from claims of their own direct negligence.” Docket # 95, at p. 8. Therefore, Plaintiffs state that “to the extent that the Ports Authority knew or should have known about the dangerous condition of the wet floor, it is directly liable to Plaintiffs.” Id. at p. 9.

Plaintiffs also argue that the position Defendants have adopted in their supplemental motion contradicts statements made in prior submissions to the Court. Id. at p. 6. In this regard, Plaintiffs argue that Defendants’ allegation “that North Janitorial had the responsibility of cleaning and maintaining the area of the terminal where Plaintiff claims she fell” contradicts Defendants’ prior remarks that “North Janitorial’s contract with the Ports Authority [did not] include[ ][the] cleaning and maintenance of the area where the accident occurred.” Id. (emphasis added).2

Lastly, Plaintiffs aver that

[i]t would be a contradiction for the Court to first hold [in its Opinion and Order denying summary judgment] that it [was] not clear who had the responsibility to maintain the area where Plaintiff fell, and then turn around and grant Defendants’ Motion for Partial Dismissal based on the conclusion that it is uncontested that the fall took place in an area under North Janitorial’s exclusive care.

Id. Accordingly, Plaintiffs take the position that if the Court dismisses their claims against the Ports Authority, it “must necessarily also grant Plaintiffs’ Motion for Summary Judgment as to North Janitorial.” Id. at p. 7.

Below, the Court will address Defendants’ Motion For Partial Dismissal first. Then, it will consider Plaintiffs’ arguments in connection with the Court’s prior Opinion and Order.

Standard of Review

Pursuant to Fed.R.Civ.P. 12(d), the Court must treat a motion to dismiss that presents matters outside the pleadings as [497]*497a motion for summary judgment under Rule 56, unless the Court excludes the arguments that stray from the pleadings. See Fed.R.Civ.P. 12(d). Defendants’ “Motion for Partial Dismissal” is based on the argument that discovery has failed to produce any evidence to support a claim against the Ports Authority. See Docket # 90. Application of the summary judgment standard is therefore warranted.3

Summary Judgment

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Related

Mateo v. Empire Gas Co.
841 F. Supp. 2d 574 (D. Puerto Rico, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
806 F. Supp. 2d 494, 2011 U.S. Dist. LEXIS 92775, 2011 WL 3648266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carr-v-puerto-rico-ports-authority-prd-2011.