Concepción Guzmán v. Puerto Rico Water Resources Authority

92 P.R. 473
CourtSupreme Court of Puerto Rico
DecidedJune 7, 1965
DocketNo. 189
StatusPublished

This text of 92 P.R. 473 (Concepción Guzmán v. Puerto Rico Water Resources Authority) is published on Counsel Stack Legal Research, covering Supreme Court of Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Concepción Guzmán v. Puerto Rico Water Resources Authority, 92 P.R. 473 (prsupreme 1965).

Opinion

Mr. Justice Ramírez Bages

delivered the opinion of the Court.

The question in the case at bar is whether the mental condition of conversion' reaction of appellant, Lázaro Con-cepción Guzmán, is compensable, which condition ensued after experiencing quite a fright caused by an accident which was due to the negligence of appellee, the Puerto Rico Water Resources Authority. .

.Let us see first the following conclusions of fact of the trial court:

1 — “That on January 21, 1957, a high-tension electric lighting post broke down in the vicinity of their [plaintiffs’] residence, causing the wires to cross each other producing a thunderous explosion.” (Italics ours.)
2 — “That when the explosion occurred plaintiff Lázaro Con-cepción Guzmán was having lunch with his father, his wife and their children, who overcome with fright when a simultaneous explosion accompanied by sparks occurred in the house, ran out of the house to a nearby thicket in the open field. ...”
[476]*4763 — “That after waiting for several minutes the plaintiff and his father returned to the house to see whether anything could be done for the. protection of his property and upon reaching the house he felt dizzy, feeling cold, and hot, and at the same, time, as if he were sick at the stomach, with a desire to throw up but unable to do so, and suddenly losing consciousness and did not come to until later when he found himself at Clínica Dr. Maldonado Sierra . .
■ 4 — “That the provisional diagnostic made at said hospital was of anxiety and neurocirculatory asthenia; it was concluded afterwards that he was suffering from a conversion reaction, that his was a mental case, because he did not have any physical pathological injury at all.” (Italics ours.)
5 — “That he has been treated by several physicians who have concluded that his is an hysteric personality case, formed slowly from what is inherited plus what , is acquired in life and that is with that background that he has developed it. That his-present condition is the result of a neurotic state in an established personality which existed prior to the occurrences which, give rise to this suit. That the paralysis of the leg, if there was any, is the product of a symptomatic fixation but it cannot appear or be aggravated as a consequence of an explosion.” (Italics ours.)
6 — “That plaintiff suffers from a hysteric or psychoneu-rotic condition known in the psychiatric field as conversion reaction or hysterical conversion.”
7 — “That the pseudoparalysis and the condition of sexual impotence is not real, that is, it is imaginary, even though plaintiff is not conscious of the fact that it is not real or imaginary.” (Italics ours.)
8 — “That the fact that plaintiff was exposed to some manifestations of the accident of the breakage of the post, did not cause plaintiff his psychoneurotic condition or hysteric personality, nor did it bring about the conversion reaction in which he substitutes the degree of anxiety he suffers for the apparent condition of paralysis and sexual impotence, because this conversion reaction is precisely the symptom of his psychoneurotic condition prior to the accident.” (Italics ours.)
[477]*4779 — “That his illness can be caused by motives other than a fright; that they can be latent and manifest themselves from other causes of mental origin having nothing to do with a shock.” (Italics ours.)
10 — “That plaintiff has paid hospitalization, medicine and medical bills in an amount exceeding $500, which he shall continue to pay until he recovers his health completely; he has had losses in his business and both he and his wife have undergone suffering and mental anguish.”

In his conclusions of law, the trial judge states that “the mental anguish suffered as a result of suppositions, imagination or fantasies of someone who alleges to suffer them are not compensable. [Citations omitted.]” “Neither shall compensation be granted for physical manifestations produced by imaginary or supposed mental disorders. [Citation omitted.]” The trial judge adds that “One is not responsible for consequences which are merely possible, but only for those which are probable according to ordinary and usual experience. (Figueroa v. P.R. Ry., Light & P. Co., 66 P.R.R. 463, 469-70.)” In accordance with these conclusions of law, the trial court dismissed the complaint with costs to plaintiff not including attorney’s fees.

The appellants assign five errors to the trial court, four of which, in synthesis, consist in not having concluded that appellee was negligent and that such negligence caused the injuries suffered by appellant.

In view of the conclusion it reached, the trial court did not have to make any determination on whether or not appellee was negligent regarding the breakage of the post in question with the accompanying results of the crossing of the electric wires and the explosions and sparks in and outside of appellant’s home. Was the accident in this case due to the sole negligence of appellee? Its own employees testified that the post broke because it was rotten “about twelve feet from the ground”; that these posts are inspected twice a year; that said inspection should be done by hitting a pick [478]*478with a hammer and forcing it through the outer bark of the post to determine whether or not the latter is rotten inside; that the post must be tested lengthwise with that tool at intervals; that if, fol^ving instructions, an inspection would have been performed the accident would not have happened; that the post in question “showed a two-foot section rotten at the part where it broke”; “it was just a shell, but as it looked right on the outside, they assumed it was all right.” Furthermore; a neighbor testified that five days before the accident he called a line supervisor’s attention to the fact that “the center of the post was rotten, indicating that any wind could blow it down and that it was better to have it repaired,” to which the supervisor for the appellee replied that “this post is cured from top to bottom and it lasts an eternity.” We have accepted the principle that any line carrying electricity is dangerous. Watson v. Virginia Electric and Power Company, 100 S.E.2d 774 (Va. 1957), cited with approval in Widow of Dávila v. Water Resources Authority, 90 P.R.R. 316 (1964). Companies engaged in furnishing power do not have the liability of an insurer and, therefore, shall assume no liability unless damage has been caused by their fault or negligence in failing to use a degree of care and diligence proportionate to the danger involved. Burgos Quiñones v. Water Resources Authority, 90 P.R.R. 597 (1964); Widow of Dávila, supra; Ramos v. Water Resources Authority, 86 P.R.R. 572 (1962). The degree of care required in cases like this includes the obligation to perform periodical inspections. Ramos v. Water Resources Authority, supra.

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Bluebook (online)
92 P.R. 473, Counsel Stack Legal Research, https://law.counselstack.com/opinion/concepcion-guzman-v-puerto-rico-water-resources-authority-prsupreme-1965.