Damiani Franco v. Donatiu Maldonado

95 P.R. 809
CourtSupreme Court of Puerto Rico
DecidedMarch 25, 1968
DocketNos. R-65-116, R-65-117
StatusPublished

This text of 95 P.R. 809 (Damiani Franco v. Donatiu Maldonado) 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
Damiani Franco v. Donatiu Maldonado, 95 P.R. 809 (prsupreme 1968).

Opinion

Mr. Justice Dávila

delivered the opinion of the Court.

On December 15, 1961, the arrival of President Kennedy to Puerto Rico was announced. A little after noon the public began to gather all along the Baldorioty de Castro Avenue. The persons gathered there crossed the avenue from one side to the other. They were waiting for the presidential party.

In the intersection of Las Flores Street with the Baldo-rioty de Castro Avenue, an accident occurred between two vehicles during the evening: one which was travelling along Las Flores Street towards the North, and another which was travelling along the Avenue towards the West. As a result of the collision, a pedestrian, Maria Damiani Franco, and passengers of the two vehicles were injured. The pedestrian sued the drivers and owners of both vehicles, and the insurance company of one of these. The defendants, Donatiu, the corporation which was owner of the vehicle which Donatiu was driving, and its insurance company filed a complaint against coparty, as well as a third-party complaint against the State alleging that it was responsible for the peace officer’s conduct who unduly gave the right of way to the vehicle which was travelling along Las Flores Street. The drivers of the two vehicles sued each other. In the case filed against Donatiu, the latter filed a third-party complaint against the Commonwealth.

The trial court described the accident thus:

“6. Between 3:00 and 3:30-of December 15, 1961, Rosario Prado Sánchez was driving a Chevrolet automobile along Las Flores Street from south to north together with two fellow workers. When she reached the intersection of said street with the Baldorioty Avenue, the Police Captain Alfredo Ortiz Aponte, who was standing more or less between the marginal street [812]*812which runs parallel to-the Baldorioty Avenue by the south side and the avenue itself, ordered the driver to stop;
“7. Mrs. Prado Sánchez obeyed and stopped. Minutes later, Captain Ortiz Aponte himself ordered Mrs. Prado Sánchez to continue her course. Mrs. Prado Sánchez obeyed the signal, and started her vehicle towards the south. She crossed the marginal street which runs parallel to the Baldorioty Avenue by the south, she also crossed the part or portion of the avenue which had the traffic from San Juan to the airport, and continued her course to cross the other half or portion of the Baldorioty Avenue, that is, the north highway which had the traffic from the airport towards San Juan.
“8. When the Chevrolet automobile entered that portion or part of the Baldorioty Avenue, the collision occurred with the Station Wagon which Ellas Donatiu Maldonado was driving, accompanied by a client, at a moderate speed by the right lane, that is, the extreme north of the Baldorioty Avenue.
“9. At the moment in which the vehicle driven by Donatiu Maldonado, travelling from. east to west along the Baldorioty Avenue, was reaching the intersection of said avenue with Las Fibres Street, the green light of the semaphore located in said intersection was in favor of Donatiu Maldonado.
“10. At that moment there'was no policeman, in the part or portion of the north side of the Baldorioty Avenue, manually controlling or directing the traffic which was travelling along said part of the avenue from east to west, and Donatiu Maldonado in seeing that the traffic light was in his favor, continued his course by the.Baldorioty Avenue and entered the intersection of the' latter with Las Flores Street,- and the Station Wagon he was ■ driving was hit by the Chevrolet automobile driven by Mrs. Prado Sánchez.
“11. The Station Wagon driven by Donatiu Maldonado received on its left-front side the impact of the right-front side of the vehicle driven' by Mrs. Prado Sánchez. As a result of the collision, the Chevrolet automobile swerved towards the left and stopped in the second lane of the north side of the Baldorioty Avenue, facing San Juan.
“12. When the Station Wagon received the impact of the Chevrolet on the left-front door, the vehicle swerved, landing on the safety isle between the Baldorioty Avenue and the mar[813]*813ginal street at the north side of the avenue. There he ran over Maria Damiani Franco, who was standing there waiting • for the chance to cross the Baldorioty Avenue and reach Las Flores Street. After running over Maria Damiani Franco, the Station Wagon which was completely out of control, continued its course forward, and went down a slight grade in the-marginal street at the north side of the Baldorioty Avenue, and ran for a stretch of. approximately fifty or sixty feet of it.”

The trial court concluded as a matter of - law that “it did not [have] the least doubt that the collision between the Chevrolet automobile driven' by Rosario Prado Sánchez and the Station Wagon driven by Elias Donatiu Maldonado, was caused by the' negligence and carelessness of the officers of the State Police in charge of directing and controlling traffic in the intersection of the Baldorioty Avenue and Las Flores Street, the day of the arrival of President Kennedy.”

Pursuant to this conclusion, the complaint filed by Maria Damiani Franco against the drivers and'owners of the vehicles involved in the accident, as well as against the insurance company of one of these, was dismissed, but “having filed ... a third-party complaint against the Commonwealth, and it being proved to the satisfaction of the court in this cáse that the- accident was caused by the solé and exclusive negligence of the police officers of the Commonwealth of Puerto Rico, the court decides and concludes that according to the case law established in the United States [citations] the complaint of Maria Damiani Franco must be considered amended to conform it to the evidence including therein the Commonwealth of Puerto Rico as defendant party in- the original suit.” It ordered the Commonwealth to pay a compensation of $15,000.

• It dismissed the complaint filed by Donatiu against Rosario Prado and her husband Antonio Sánchez Cuartero, and the one filed by them against Donatiu, the 'owner of the vehicle the latter, was driving, and the insurance company, [814]*814but in this latter case, it ordered the Commonwealth as third-party defendant to pay the plaintiffs the amount of $1,800 for the damages of the Chevrolet automobile, and the amount of $1,200 as compensation for the bodily injuries which Mrs. Prado suffered in the accident.

Maria Damiani Franco and the Commonwealth appealed. Both writs of review were issued. Mrs. Damiani “does not agree with that part of the judgment which dismisses her complaint against the defendants Elias Donatiu Maldonado, Jack Feldstein, Inc., and Fireman’s Fund Insurance Company, for which reason she requests that said part be reviewed because the trial court erred in weighing the evidence and stating that the defendant, Elias Donatiu Maldonado, ‘did not commit any act or fault which could constitute negligence or carelessness on his part.’ ” The Commonwealth raises a question of procedure: that since it was sued to compensate the defendants so that the latter be exonerated from liability, it is not proper to order it to compensate the plaintiff, however, in its brief it considers the aspect of its liability..

Is the evaluation of the facts made by the trial court imposing liability for the accident on the Commonwealth correct? We believe it is not.

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95 P.R. 809, Counsel Stack Legal Research, https://law.counselstack.com/opinion/damiani-franco-v-donatiu-maldonado-prsupreme-1968.