González v. Maryland Casualty Co.

98 P.R. 466
CourtSupreme Court of Puerto Rico
DecidedFebruary 3, 1970
DocketNo. R-67-276
StatusPublished

This text of 98 P.R. 466 (González v. Maryland Casualty Co.) 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
González v. Maryland Casualty Co., 98 P.R. 466 (prsupreme 1970).

Opinion

per curiam :

The trial court concluded that as a result of the collision which occurred on May 17, 1963, between the taxi property of appellant González Detrés and the vehicle driven by appellee Luis Antonio González, when the former swerved and entered the lane where said appellee had stopped on Ponce de León Avenue, near Stop 36 in Río Piedras, Gonzalez suffered a nervous breakdown which aggravated an emotional and nervous condition marked by anxiety, agitation, tremor, and sudoresis.

In its judgment, the trial court ordered appellants to pay for damages,

to Luis Antonio González $15,000

to his wife Haydee Albertorio González 1,000

to his mother Crucita Meléndez 500

We issued the requested writ for the sole purpose of reviewing the conclusion of the trial court to the effect that the accident in question aggravated the existing emotional and nervous condition of the above-mentioned appellee. We have reached the conclusion that the trial court erred.

For the purpose of deciding whether this conclusion is justified it is necessary to summarize the evidence presented with regard to González’ mental condition before and after the accident.

In the Veterans Administration there is an extensive case history of the above-mentioned appellee which was presented in evidence. It shows that:

(1) Since his childhood, when he was kicked by a horse, González suffers from a severe psychoneurosis marked by nervousness, anxiety, apprehension, tremors, feigned hysteria, and fits of an epileptic character. He was interned in the Clínica Juliá for several days in 1946. For the purpose of leaving the hospital, against the doctors’ advice, Dr. Maymi issued a report of the examination he practiced on him which says: “For the last thirteen months the patient has been [468]*468suffering from a severe chronic state of anxiety, which had a sudden access after he had an automobile accident. He suffered an acute panic reaction; this has been the basis of his present anxiety neurosis. He has not improved.” In 1952 a psychiatrist social worker, after interviewing him reported that “The patient is shy, he limits himself to answer the worker’s questions. He seems tense, he keeps rubbing his hands, and at one moment he seemed on the verge of tears. He was very depressed. Apparently his industrial and social adjustment is very limited ... he has no plans of getting a payed job.”

(2) Dr. José Jiménez, as a result of the psychiatric examination he practiced on appellee on July 24,1954, reports that “he alleges that he is ashamed of giving the impression of being a healthy and robust individual capable of performing strong work, when actually he depends completely on his father for his support and that of his family.” Thereinafter this report states that “The diagnosis of conversion reaction is favored because when the patient is completely inactive his behavior is almost normal but he gets panicky and assumes a bizarre conduct when he faces undesirable situations or when he has to work for his support.”

(3) His wife, in a letter of December 20, 1955 informs that “because of the physical condition of my husband he is practically disabled to perform any kind of work . . . this situation of not being able to get employment has brought upon him certain mental preoccupation which, in my opinion, has made his nervous condition worse turning him into a tyrant in such a manner that our lives run some risk.”

(4) The clinical social worker, Alfonso Rivera, in his record of October 22, 1959, states that González appears' withdrawn within himself, without spontaneity, tremulous, and incapable of giving relevant facts or remembering past events. He shows a total indifference towards his environ-' ment. He has the tendency of staying alone and when he is [469]*469disturbed he becomes irritated and starts to shake and sometimes he loses consciousness. He does not stand arguments against his ideas and when he meets opposition he turns aggressive.

(5) On May 21, 1963, four days after the accident, González and his wife appeared before the Veterans Administration for the purpose of having his pension increased. In 1947 he had been granted a 10% disability. It was increased to 30% in 1959, and to 70% on October 7, 1963. The increase was based on his disability to work due to the condition described in Dr. Mattei’s report whose observations as to González’ psychiatric condition did not vary from those previous to 1959, except for the fact that he states that the patient does not work.

(6) Six months after the accident, González submitted a statement of his net income and employment where he stated that he was totally disabled in November 1962; that the largest amount which he had earned was $1,000 in one year working with his father and that he had not worked again since the time he became disabled; that he had to quit his last employment because his nervous condition was aggravated to the point that he could not help his father anymore. During all these steps, taken for the purpose of increasing González’ pension, no reference was made to the accident which gave rise to this litigation.

The psychiatrist, Dr. Ramón Alonso Santiago, testified on the condition of appellee González whom he examined for about two hours on two occasions two years after the accident. His diagnosis was “conversion” and “acute anxiety reaction.” He testified that he understood that the condition after the accident was more serious than before “judging from what the patient told me.” He testified that the accident prevented appellee from working “right after the accident.” When he was faced with the different reports of the doctors [470]*470and of the social workers specialized in psychiatry, he admitted that the description of appellee’s condition which arises from such reports is in accord with the state of conversion and severe anxiety. He testified that the diagnosis made by Dr. Maymi in 1946 is the same the witness made in 1967. He testified that he agrees with Dr. Jiménez’ statement (foregoing par. 2). Questioned on whether appellee’s conduct of lying when he was answering the form for admission and employment in the Veterans Administration is compatible with the state of anxiety, he answeredwould say that there is an intimate and direct relation, which is understandable.”

As to the accident, appellee testified that:

“. . . when I was going along the center lane of Ponce de León Avenue, I saw at some distance a taxi which comes zigzagging; then I told my wife to take precautions because she is holding a two-month baby in her arms — take precautions because this man is probably going to turn that way. I saw him at some distance. I was able to determine. I told her: a moment, wait. I stopped my car, put my hand out, I make my signals, and he came facing me and he hit my car ... I saw that taxi coming, I applied the brakes, and facing me he hits me here . . . I alighted from my car; then my mother was wounded, my wife had been recently operated on, four months before she was operated on for gallbladder, and two months before she underwent a cesarian operation. When the collision came, I heard my wife utter some moans, and she was very nervous. The heels of the shoes incrusted in the rug of my car; that these men disengaged the shoes; assisted her and took her to the hospital. I stayed in the car. The cars were hooked; my car with the radiator broken, the police had to move them to a nearby lot... .

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98 P.R. 466, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gonzalez-v-maryland-casualty-co-prsupreme-1970.