Lopez De Robinson v. United States

162 F.R.D. 256, 1995 U.S. Dist. LEXIS 10010, 1995 WL 428403
CourtDistrict Court, D. Puerto Rico
DecidedJuly 14, 1995
DocketCiv. No. 92-2413 (JP)
StatusPublished
Cited by10 cases

This text of 162 F.R.D. 256 (Lopez De Robinson 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
Lopez De Robinson v. United States, 162 F.R.D. 256, 1995 U.S. Dist. LEXIS 10010, 1995 WL 428403 (prd 1995).

Opinion

OPINION AND ORDER

PIERAS, District Judge.

This is a medical malpractice action brought pursuant to the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq. During July 1989, plaintiffs husband, Mr. Vance Le Roy Robinson, was suffering from acute abdominal pain. Plaintiff took her husband to the Veterans Administration Medical Center (‘VAMC”) in San Juan, Puerto Rico. He was denied admission to VAMC, however, because there were no hospital beds available. Thereafter, he was admitted to Hospital San Pablo (“San Pablo”) where he was. treated. Seven days later, Mr. Robinson died. Plaintiff alleges that the VAMC’s negligent failure to admit her husband caused his death or aggravated the conditions leading to his death. Defendant denies all liability and has brought a third-party complaint against San Pablo alleging that negligent actions of San Pablo were the actual and proximate cause of decedent’s death. The question currently before the Court is whether defendant/thh'd-pai'ty plaintiffs third-party complaint is valid pursuant to Rule 14(a) of the Federal Rules of Civil Procedure.

I. FACTS

The parties have stipulated to the following facts, see Further Initial Scheduling Conference Order, docket No. 63:

1. During July 1989, veteran Vance Le Roy Robinson was experiencing acute abdominal pains, a swollen stomach, and general physical weakness.

2. On Friday July 7, 1989, Mr. Robinson was taken to VAMC in San Juan, Puerto Rico.

3. At the VAMC, Dr. Silvia Fuertes examined Mr. Robinson, ordered laboratory and radiological examinations, and recommended that Mr. Robinson be admitted to the VAMC. However, there were no available beds at the VAMC on that day, so Mr. Robinson was denied admission.

4. On Monday, July 10, 1989, Mr. Robinson returned to the VAMC, but he was again denied admission. There were still no beds available.

5. On July 11, 1989, decedent was taken to San Pablo in Bayamón, Puerto Rico, and thereupon admitted. Decedent brought with him radiographic and laboratory results revealing an enlargement of the liver and spleen.

6. A provisional diagnosis performed at San Pablo revealed that Mr. Robinson was suffering from abdominal pain with ascites, a secondary diagnosis of ascites, suspected he-patoma, chronic anemia, hepato renal syndrome and hepatic encepholopthy. These various aspects of the diagnosis reflect damage in the abdominal cavity. Ascites is an abnormal accumulation of serous fluid in the abdominal cavity. Hepatoma is a malignant tumor in the liver. Anemia is a pathological deficiency in the oxygen-carrying material of the blood.

7. While hospitalized in San Pablo, Mr. Robinson slipped and fell.

8. On July 19, 1989, Mr. Vance Le Roy Robinson died.

9. The parties disagree about what was the cause of Mr. Robinson’s death. The death certificate states that the cause of decedent’s death was carcinomatosis, which is the existence of malignant tumors derived from the epithelial tissue, a membranous tissue covering internal surfaces and organs. Plaintiffs, on the other hand, assert that an autopsy performed by Dr. Yoeasta Brugal in 1991, after Mr. Robinson’s body was exhumed, revealed that myocarditis, an inflam[258]*258mation of the muscle tissue of the heart, not carcinomatosis, was the cause of death.

10. Plaintiff filed an administrative claim against the United States with the Department of Veterans’ Affairs, which was denied. Plaintiff filed the complaint for the case at bar within six months of the denial of her claim by the Department of Veterans’ Affairs.

11. On October 8, 1992, plaintiff filed a complaint against San Pablo in the Bayamón Superior Court. On April 27, 1993, the Bay-amón Superior Court entered judgment dismissing the complaint for lack of prosecution.

II. THIRD-PARTY PRACTICE

The historical evolution of Rule 14(a) of the Federal Rules of Civil Procedure illuminates the underlying purposes and policies of contemporary third-party pleading practice. In 1937, Rule 14(a) was added to the Federal Rules of Civil Procedure as an adaptation of Admiralty Rule 56. Originally, the rule provided that defendant/third-party plaintiff may implead a party “who is or may be liable to him [the original defendant] or to the plaintiff for all or part of plaintiffs claim” against defendant/third-party plaintiff. 6 C. Wright & A. Miller, Federal Practice & Procedure, § 1441 at 288 (1990). Therefore, the rule initially permitted a defendant/third-party plaintiff to implead a party who was directly liable exclusively to plaintiff. See Advisory Committee’s Notes on 1966 Amendment to Fed.R.Civ.P. 14.

By 1946, however, Rule 14(a) had been amended to the current version which reads in pertinent part:

At any time after commencement of the action a defending party, as a third-party plaintiff, may cause a summons and complaint to be served upon a person not a party to the action who is or may be liable to the third-party plaintiff for all or part of the plaintiffs claim against the third-party plaintiff. (Emphasis added.)

The amendment thus ehminated defendant/third-party plaintiffs ability to join a party whose sole liability was to the plaintiff. See Advisory Committee’s Notes on 1946 Amendment and 1966 Amendment to Fed. R.Civ.P. 14. See also Owen Equipment and Erection Co. v. Kroger, 437 U.S. 365, 368 n. 3, 98 S.Ct. 2396, 2400 n. 3, 57 L.Ed.2d 274 (1978) (“[u]nder Rule 14(a), a third-party defendant may not be impleaded merely because he may be liable to the plaintiff.” (emphasis in original)).

Under the current version of Rule 14(a), the third-party complaint must contend that if defendant/third-party plaintiff were found hable to plaintiff, then defendant/third-party plaintiff has a right under substantive law to transfer his liability derived from the original complaint to third-party defendant. A contractual right of indemnification, or a common law right of contribution between joint tortfeasors are examples of rights under substantive law which allow a defendani/third-party plaintiff to pass along all or a portion of his liability to third-party defendant. Thus, under the amended rule, a third-party complaint must allege that third-party defendant is directly liable to defendant/third-party plaintiff. See Moorhead Constr. Co. v. City of Grand Forks, 508 F.2d 1008

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Bluebook (online)
162 F.R.D. 256, 1995 U.S. Dist. LEXIS 10010, 1995 WL 428403, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lopez-de-robinson-v-united-states-prd-1995.