Martínez v. United States Casualty Co.

79 P.R. 561
CourtSupreme Court of Puerto Rico
DecidedAugust 9, 1956
DocketNo. 11630
StatusPublished

This text of 79 P.R. 561 (Martínez v. United States 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
Martínez v. United States Casualty Co., 79 P.R. 561 (prsupreme 1956).

Opinion

Mr. Justice Marrero

delivered the opinion of the Court.

Maria Antonia Martínez and Mercedes Guzmán brought an action for damages against the United States Casualty Co. and the Municipality of Añasco, the former in representation of her legitimate son, Richard Juan Ramírez Martinez, and the latter of her recognized natural daughters, Elizabeth and Edna Virginia Ramírez Guzmán.1 They alleged, substantially, that on August 31,1950, on the main street of Añasco, José Rodríguez Lamberty, while driving the municipal ambulance at an excessive speed, recklessly and without taking due precautions crashed into a telephone post and hurled [563]*563Juan Ramirez Caraballo to the pavement, causing him injuries which resulted in his death; and that Ramirez Ca-raballo’s death was due solely and exclusively to the negligence of chauffeur Rodríguez Lamberty, who was operating the vehicle as employee of the said municipality.

Defendants admitted in their answer the occurrence of the accident. They alleged, however, that it was not due to fault or negligence on the part of the chauffeur, but to the fact that the brakes failed as he rounded a curve and he could not bring the vehicle to a stop, “and that the crash occurred when he lost control of the wheel.” They also admitted the remainder of the corresponding paragraph.2 As special defenses, they also alleged that the ambulance in question should be devoted to the transportation of patients of the Añasco hospital rather than of passengers; that the deceased boarded the vehicle without the express or implied authority of the driver or of any authorized officer of the Municipality of Añasco; that when the accident occurred the vehicle was not being used in functions proper to municipal ambulances, but, on the contrary, the person driving it was using the same for purposes altogether foreign to the proper and adequate use to which an ambulance is devoted, without the authority of any officer of the hospital or of the municipality; that the ambulance driver had no authority to transport invitees and he did it of his own accord and at his own risk.

The case went to trial and the parties offered oral and documentary evidence in support of their respective contentions. The lower court rendered judgment sustaining the complaint, ordering the defendants to pay to plaintiffs the total sum of $15,000, plus costs and $300 for attorney’s fees, but limiting the insurer’s liability to the sum of $5,000, [564]*564which is the maximum insurance coverage. In support of that judgment, it rendered an opinion from which we copy the following findings of fact:

“1. — One Juan Ramirez Caraballo, also known as Juan Ca-raballo, died on August 30, 1950 from injuries received in an accident in which an ambulance of the Municipality of Añasco was involved and to which reference is made in the allegations of the complaint.
“2. — The cause of the accident was the excessive speed at which the ambulance was traveling at midnight through the streets of Añasco, with defective brakes which failed as the vehicle entered a curve, crashing into and breaking a telephone post and then overturning as a result of the impact. — According to the witnesses for plaintiff, the body of the victim was found lying in the middle of the road about 3 or 4 feet from the broken post, the ambulance having overturned about 60 feet ahead.
“3. — At the time of the accident the vehicle was being driven by one José Rodríguez Lamberty, an insular fireman whom the mayor of the municipality had asked shortly before to drive the ambulance for the purpose of transporting a sick woman to the municipal hospital. Rodriguez Lamberty had taken the patient to the municipal hospital in the ambulance, and when the accident occurred he was taking the patient’s husband to a drug store in town to get some medicine.
“4. — The Mayor of Añasco, Alcides Figueroa, had authority from the chief of the insular fire department to use Rodriguez Lamberty, the regular fire-engine chauffeur, to drive the municipal ambulance in case of emergency. On previous occasions the mayor had used the services of this person to drive the municipal ambulance, and on the evening of the accident the mayor requested the services of Juan Rodriguez Lamberty in an emergency, since none of the ambulance drivers, who were municipal employees, was available.
“5. — The minor plaintiffs, Richard Juan Ramírez Martinez, Elizabeth Caraballo Guzmán, and Edna Virginia Caraballo Guz-mán, are the children of Juan Ramirez Caraballo, the deceased, on whom they depended exclusively for their support. Richard Juan Ramírez Martinez is at present 16 years old, the other two minor plaintiffs being 7 and 8 years old respectively. At the time of his death Juan Ramirez Caraballo was healthy and [565]*565robust, 37 years old, and earned enough to take care of all the needs of his minor children.”

Both parties appealed from the judgment thus rendered. We shall first turn to the errors assigned by the defendants. They allege that the lower court erred (1) in holding that the ambulance of the Municipality of Añasco was being driven at the time of the accident by an employee or agent of the municipality, or in the discharge of functions as such, or incidental to the agency previously entrusted to him; (2) in holding that the ambulance . . . ran over Juan Ramirez Ca-raballo, since the evidence offered by plaintiffs did not reveal the manner in which the accident occurred; (3) in not holding that Juan Ramirez Caraballo was either an intruder in the ambulance or an invitee of the chauffeur, whether expressly or impliedly, and that, therefore, his family had no right to recover compensation for his death; (4) in holding that, even if there was no basis for concluding that the driver of the ambulance at the time of the accident was an agent of the Municipality of Añasco, the municipality is nonetheless directly liable, it appearing from the admissions in defendants’ answer that the accident was caused because the brakes of the vehicle failed; (5) in holding that, even though the driver of the ambulance was not regarded as an agent of the Municipality of Añasco at the time' of the accident, the insurance company would nonetheless be liable, since under the policy the definition of insured covers any person authorized by the insured to use the automobile; and (6) in holding that the policy issued by codefendant-U. S. Casualty Co. in favor of the Municipality of Añasco covered the accident involved in this case.

The errors thus assigned were not committed. As to the first one, it will suffice to cite here what we stated in González v. Cía. Agrícola, 76 P.R.R. 373, 376, to wit:

“. . . the essential point is to determine whether the agent’s intention in performing such act, or at the time of the accident, was to serve and protect the interests of his employment and [566]*566not his own interest, and whether the action is incidental to an authorized act, that is, where there is a reasonable and pertinent relation between the agent’s act and the principal’s purposes, and whether the agent’s act tends reasonably to carry out the ultimate objective of the principal. . (Italics ours.)

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79 P.R. 561, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martinez-v-united-states-casualty-co-prsupreme-1956.