Estate of Rosario v. Falken Tire Corp.

109 F. Supp. 3d 485, 2015 U.S. Dist. LEXIS 79539, 2015 WL 3764512
CourtDistrict Court, D. Puerto Rico
DecidedJune 17, 2015
DocketCivil No. 14-1505 (FAB)
StatusPublished
Cited by5 cases

This text of 109 F. Supp. 3d 485 (Estate of Rosario v. Falken Tire Corp.) 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
Estate of Rosario v. Falken Tire Corp., 109 F. Supp. 3d 485, 2015 U.S. Dist. LEXIS 79539, 2015 WL 3764512 (prd 2015).

Opinion

OPINION AND ORDER1

BESOSA, District Judge.

Before the Court is defendant P.T. Sumi Rubber Indonesia’s motion to dismiss (Docket No. 37) the Estate of Mark J. Rosado Rosario’s second amended complaint (Docket No. 9) which the Estate of Mark J. Rosado Rosario opposes (Docket No. 45). For the reasons discussed below, the motion to dismiss is GRANTED. The second amended complaint as to defendant P.T. Sumi Rubber Indonesia (Docket No. 9) is DISMISSED.

I. BACKGROUND2

On July 29, 2013, in Rio Grande, Puerto Rico, Mark J. Rosado Rosario (“Rosado”) was driving in a Toyota Camry equipped with Falken Tires when the tires failed, causing him to crash into a pole. (Docket No. 9 at ¶¶ 24, 27.) Rosado had purchased the faulty tires from a Pep Boys store located in Rio Grande, Puerto Rico. (Docket No. 45 at ¶ 17.) As a result of the accident, Rosado was killed. Id. at ¶ 18.

On June 25, 2014, almost one year after the accident, Rosado’s minor children, MJRC and KNRC, and his wife Milagros Carrasquillo Santiago (“Carrasquillo”), constituting the Estate of Mark J. Rosado Rosario (“Estate of Rosado”) (collectively, “plaintiffs”), filed this lawsuit pursuant to article 1802 of the Puerto Rico Civil Code, P.R. Laws Ann. tit. 31, § 5141, against Falken Tire Corporation (“FTC”), Sumitomo Rubber Industries, Ltd. (“Sumitomo”), Dunlop Falken Tires, Ltd. (“Dunlop”), and other unnamed defendants (collectively, “defendants”). (Docket No. 1.)

On July 2, 2014, plaintiffs filed an amended complaint,3 (Docket No. 6), and on August 6, 2014, they filed a second amended complaint, in which they added as a defendant P.T. Sumi Rubber Indonesia (“P.T. Sumi”), an entity organized under the laws of Indonesia with its principle place of business and “nerve center” located in Indonesia (Docket No. 9 at pp. 16-17). Plaintiffs allege that P.T. Sumi “researched, developed, designed, tested, manufactured, inspected, labeled, distributed, marketed, promoted, sold, and otherwise released into the stream of commerce the Falken Tires” that caused Rosado’s fatal crash. (Docket No. 9 at pp. 16-17).

On November 12, 2014, P.T. Sumi moved for dismissal on two grounds: (1) statute of limitations, and (2) lack of personal jurisdiction. (Docket No. 37.) On December 23, 2014, plaintiffs opposed the motion to dismiss. (Docket No. 45.) On January 9, 2015, P.T. Sumi replied to [490]*490plaintiffs’ opposition (Docket No. 48), to which the plaintiffs filed a sur-reply on January 13, 2015 (Docket No. 51).

II. LEGAL STANDARD

Defendant P.T. Sumi moves to dismiss pursuant to Federal Rules of Civil' Procedure 12(b)(1), (2), and (6). (Docket No. 37). First, pursuant to Rules 12(b)(1) and 12(b)(6), P.T. Sumi argues that the complaint should be dismissed because the applicable statute of limitations expired before plaintiffs added P.T. Sumi to the complaint. Id. at pp. 1-2. Motions to dismiss brought pursuant to Rule 12(b)(1) are subject to a similar standard as those brought pursuant to Rule 12(b)(6) in that a court must take all of plaintiffs allegations as true and view them in the light most favorable to the plaintiff. Torres Maysonet v. Drillex, S.E., 229 F.Supp.2d 105, 107 (D.P.R.2002); see also Negron-Gaztambide v. Hernandez-Torres, 35 F.3d 25, 27 (1st Cir.1994). In so far as the defendant is moving under Rule 12(b)(1), the parties may attach documents and exhibits and the Court may review them. Gonzalez v. United States, 284 F.3d 281, 288 (1st Cir.2002), as corrected (May 8, 2002).

Second, pursuant to Rule 12(b)(2), P.T. Sumi argues that dismissal is warranted because this Court lacks personal jurisdiction over it. (Docket No. 37 at p. 2.) Plaintiff bears the burden of showing that jurisdiction exists over the defendant. Daynard v. Ness, Motley, Loadholt, Richardson & Poole, P.A., 290 F.3d 42, 50 (1st Cir.2002). When considering a motion to dismiss pursuant to Rule 12(b)(2), a court may choose among several methods for determining whether a plaintiff has met its burden, including the “prima facie ” standard, the “preponderance-of-the-evidenee” standard, or the “likelihood” standard. Id. at 50-51.

When a district court considers a motion to dismiss for lack of personal jurisdiction without holding an evidentiary hearing, the prima facie standard governs. United States v. Swiss Am. Bank, Ltd., 274 F.3d 610, 618 (1st Cir.2001). The prima facie standard requires a plaintiff to demonstrate the existence of jurisdiction under both the forum’s long-arm statute and the federal Constitution. Id. To do this, it must provide affirmative proof by going beyond the pleadings and by attaching supplementary filings, such as affidavits. Id.; Ticketmaster-New York, Inc. v. Alioto, 26 F.3d 201, 203 (1st Cir.1994). In conducting its analysis, a court accepts supported proffers of evidence by the plaintiff. Swiss Am. Bank, 274 F.3d at 618. A court may also review facts put forward by the defendant if they are not contradicted. Daynard, 290 F.3d at 51.

III. DISCUSSION

Plaintiffs contend that P.T. Sumi is liable for, inter alia, manufacturing the Falken Tires that caused Rosado’s car crash and his resulting death. (Docket No. 9 at ¶¶ 10-28.) P.T. Sumi. seeks dismissal of plaintiffs claims on two grounds: (1) statute of limitations, and (2) lack of personal jurisdiction. (Docket No. 37.) The Court will address each argument in turn.

A. Statute of Limitations

As an initial matter, when jurisdiction is based on the diversity of citizenship, federal courts will apply state substantive law. Erie R. Co. v. Tompkins, 304 U.S. 64, 91-92, 58 S.Ct. 817, 82 L.Ed. 1188 (1938); see also Hanna v. Plumer, 380 U.S. 460, 466, 85 S.Ct. 1136, 14 L.Ed.2d 8 (1965). The statute of limitations is substantive law, so the law of the forum state — here, Puerto Rico — controls. See, e.g., Alejandro-Ortiz v. P.R. Elec. Power Auth. (PREPA), 756 F.3d 23, 27 [491]*491(1st Cir.2014). In this case, plaintiffs are bringing a diversity product liability tort action pursuant to article 1802 of the Civil Code, P.R. Laws Ann. tit. 31, § 5141.4 The statute of limitations for article 1802 claims is one year from the time the aggrieved party has knowledge. P.R. Laws Ann. tit. 31, § 5298; Kaiser v. Armstrong World Indus., Inc., 872 F.2d 512, 515 (1st Cir.1989). Knowledge is defined as notice of the injury and of the person who caused it. Torres v. E.I. Dupont De Nemours & Co., 219 F.3d 13, 18 (1st Cir.2000).

P.T. Sumi maintains that the applicable one-year statute of limitations bars plaintiffs’ claims because plaintiffs did not name P.T.

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109 F. Supp. 3d 485, 2015 U.S. Dist. LEXIS 79539, 2015 WL 3764512, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-rosario-v-falken-tire-corp-prd-2015.