Colón v. United States

877 F. Supp. 57, 1995 U.S. Dist. LEXIS 2297, 1995 WL 77945
CourtDistrict Court, D. Puerto Rico
DecidedFebruary 22, 1995
DocketCiv. No. 93-1197 (JP)
StatusPublished

This text of 877 F. Supp. 57 (Colón v. United States) 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
Colón v. United States, 877 F. Supp. 57, 1995 U.S. Dist. LEXIS 2297, 1995 WL 77945 (prd 1995).

Opinion

OPINION AND ORDER

PIERAS, District Judge.

Plaintiff, Norberto Quiles Colón, brought this action pursuant to the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq., to recover money damages for physical injuries he sustained on March 29,1990, at the Veterans Affairs Medical Center, (“Hospital”). Plaintiff alleges that he slipped and fell on some food that a Hospital employee negligently spilled and left lying on the corridor floor. A bench trial was held on November 15, 1994. Based on the evidence presented [59]*59and after due deliberation, the Court now renders its findings of fact and conclusions of law.

I. FINDINGS OF FACT

1. Plaintiff is a sixty-two year old veteran of the Korean War.

2. Periodically over the past twenty years, plaintiff has been hospitalized at the psychiatric ward of the Hospital for treatment of schizophrenia. The Veterans’ Administration has granted plaintiff, a one hundred percent (100%) service connected disability due to schizophrenia.

3. In addition, plaintiff has a fifty percent (50%) service connected disability due to hearing loss. Since the early 1980s, plaintiff has occasionally used a wheelchair whenever he felt imbalanced due to his hearing loss.

4. On March 5, 1990, plaintiff was admitted to the Hospital’s psychiatric ward. He was suffering from schizophrenia and was experiencing hallucinations and paranoid ideation.

5. Around 5:30 p.m. on March 29, 1990, plaintiff felt the onset of a schizophrenic- attack. In order to control himself, he decided to take a walk on the hospital premises. Plaintiff did not use his wheelchair on this particular evening because he was not experiencing any imbalance from his hearing loss. He left his room and walked down the corridor from Ward 2-D-2 to 2-C-l, and after meditating for a few moments, he started to return to his room. In the middle of the corridor, plaintiff slipped on some food and fell, hitting his head and back against the wall and landing on his hands. The force of the fall knocked plaintiff unconscious.

6. Also around 5:30 p.m., in the same Hospital corridor, a Hospital employee was collecting empty food trays after dinner and placing them on a food cart. The employee dropped a food tray and picked up the tray, but left some food lying on the floor. The employee then left the corridor without removing the food that remained or cleaning the corridor floor. Plaintiff and plaintiff’s witness, Mr. Héctor Luis Camacho Busigó, testified credibly to the above effect.

7. Ms. Ester Jiménez, the supervisor of the Diet Service, testified that the Diet Service log book contained no record that any food had fallen from a food tray or cart on the evening of March 29, 1990. Therefore, Ms. Jiménez is of the opinion that the accident had not occurred. Another more plausible explanation exists as to why there is no record in the log book of this incident. The employee responsible for serving dinner to the patients did not testify at trial. This Hospital employee, contrary to Hospital regulations, dropped a tray of food and failed to clean it up properly. Then after the accident, the employee failed to report the incident to his supervisor. The fact that the Supervisor’s log book has no record of the incident does not persuade this Court that the accident did not occur.

8. Plaintiff customarily wears a large, silver, Indian ring on the middle finger of his right hand. When he fell and hit his hands, the weight of his body crushed this ring against his finger. As a result, the fingers on his right hand became so swollen that he could not remove the ring. Medical records demonstrate that on the day following the fall, plaintiff complained of pain in his right hand. Despite his complaints, the ring was not removed from his finger until almost a month later. After the ring was removed, plaintiff’s physician discovered lacerations on the third finger on plaintiff’s right hand. These wounds had become infected, and cellulitis had developed. Thereafter, plaintiff was treated for the cellulitis with various types of antibiotics and hospitalized for one hundred and ten (110) days.

9. Defendant’s witness, Dr. José Bernal, and defendant’s expert witness, Dr. Carlos Grovas-Badrena, testified that in the case of a man such as the plaintiff, a 62-year old man with diabetes, lacerations from a cut on the hand should have become apparent within 48-72 hours after the injury occurred, not one month later. Defendant argues that since there is no evidence in the medical records of the lacerations on plaintiff’s hand until about April, 1990, that the fall in March did not cause the cuts.

However, there is no evidence which refutes plaintiff’s contention that on March 29, [60]*601990, he fell, smashing the ring on the third finger of his right hand and that he was unable to remove the ring immediately. After the ring was removed a month later, the lacerations were discovered and treated. Therefore, the Court finds that the injury to the finger occurred on the day of the fall, even though the lacerations were not discovered until later.

10. Prior to the fall, plaintiff did not have a bulging disk in his back. On April 17, 1990, one month after the fall, medical records show that plaintiff suffered from a bulging disk. Therefore, the Court finds that, the fall caused or at least exacerbated the bulging disk in plaintiffs back.

11. By the end of May 1990, plaintiffs cellulitis was cured. Although plaintiff has used the wheelchair exclusively since the fall, the Court finds that there is no organic reason, other than the imbalance caused by the hearing loss, for the plaintiff to use the wheelchair.

II. CONCLUSIONS OF LAW

The Federal Tort Claims Act provides that “[t]he United States shall be liable, respecting the provisions of this title relating to tort claims, in the same manner and to the same extent as a private individual under like circumstances ...” 28 U.S.C. § 2674 (1982). Whether the United States is hable for the negligence of its employees is a question of state law. 28 U.S.C. §§ 1346(b), 2674; Rodriguez v. United States, 455 F.2d 940, 941-42 (1st Cir.1972).

The general source of law governing liability for negligence is Article 1802 of the Puerto Rico Civil Code, which states: “[a] person who by an act or omission causes damage to another through fault or negligence shall be obliged to repair the damage so done.” 31 L.P.R.A. § 5141 (1990); Gutiérrez v. Bohr, 78 P.R.R. 450 (1955). In order to show negligence, plaintiff must demonstrate that defendant failed to exercise the degree of care that a prudent and reasonable person should exercise under the circumstances. See Oliveros v. Abreu, 101 P.R.R. 293 (1973); Lozada v. Commonwealth, 116 P.R.R. 250 (1985); and Márquez Vega v. Martinez Rosado, 116 P.R.R. 487 (1985).

As indicated in the Findings of Fact, a Hospital employee dropped a tray of food in the corridor on March 29, 1990, around 5:30 p.m. Although he picked up the tray, he left some food remaining on the corridor floor.

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Bluebook (online)
877 F. Supp. 57, 1995 U.S. Dist. LEXIS 2297, 1995 WL 77945, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colon-v-united-states-prd-1995.