Mártir Santiago v. Pueblo Supermarket of De Diego, Inc.

88 P.R. 222
CourtSupreme Court of Puerto Rico
DecidedApril 29, 1963
DocketNo. R-62-39
StatusPublished

This text of 88 P.R. 222 (Mártir Santiago v. Pueblo Supermarket of De Diego, Inc.) 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
Mártir Santiago v. Pueblo Supermarket of De Diego, Inc., 88 P.R. 222 (prsupreme 1963).

Opinion

Mr. Justice Ramírez Bages

delivered the opinion of the Court.

José Rodríguez Colón and Special Agents Investigators, Inc., designated hereinafter “Investigators”, filed a petition in this Court to review the judgment that adjudged them solidarily and jointly liable with Pueblo Supermarkets of De Diego, Inc., named hereinafter “Pueblo”, José Marti Puentes and Israel Hernández, for damages- caused to ap-pellee, Miguel A. Mártir Santiago.

The facts that gave rise to the suit in this case are the following:

On December 24, 1958, about 7:00 p.m. appellee and his wife went to the supermarket “Pueblo” and parked their car in the parking area. Mártir Santiago entered the establishment, bought groceries for the amount of $24.12, including two salamis, paid the bill and took the groceries to the car where his wife was waiting. He went back to the supermarket to buy some razor blades that he needed, and while so doing he was eating one of the sausages he had bought. Appellee testified that while he was paying for the razor blades to the cashier, he was violently grasped by Israel Hernández, a “Pueblo” employee. The latter, as well as the other defendants in the case at bar, José Martí Fuentes and Rodríguez Colón, testified that Hernández stopped appellee after he came out of the supermarket and was going towards the parking area. The evidence shows that Hernández requested and obtained aid of Rodríguez Colón to take appellee inside the supermarket until they made him go through the turnstile. Appellee was taken to a small warehouse room of the supermarket. The evidence is contradictory as to the author of the blow that appellee received on his eye, but the trial court decided that appellee received such blow from Rodríguez Colón. (Finding of fact, No. 8.) In the aforesaid room appellee was handed to policeman Corbet, who testified that he investigated the incident and as a part of that investigation Rodriguez informed him that he (Rodri[225]*225guez) “had seen the supposed plaintiff (that is, the appellee) who went outside and saw when a bottle fell from under his shirt and that he helped someone else to take him inside.” (T.E. pp. 345, 351, 433.) Appellee was taken to the police wagon and carried therein to the Police Station on Loiza Street where he was put into the cage for the arrested; then he was taken out and conveyed to the residence of Justice Veray Torregrosa who attended to the affair from the stairs as he came down from his residence upstairs. (T.E. pp. 160, 496.) Defendant Martí Fuentes, who knew Justice Veray, had arrived earlier at his residence and was by his side when the judge ordered appellee’s commitment in jail for the offense of petit larceny and fixed a bail bond of $200 (T.E. p. 160). Appellee was returned to the municipal jail, where he stayed until an acquaintance lent him the amount of the fixed bail bond premium, which he paid to remain at liberty after one or two hours of being confined.

The trial court made the following additional findings of fact which, in our judgment are supported by the evidence:

“12. — That night there was no party at plaintiff’s home, but the natural anxiety and excitement due to the arrest of the head of the family without knowing his whereabouts, until they saw him arrive at dawn, all bruised and with his clothes bloodstained, the face swollen and his body and arms aching, depressed and nervous, and without being able to explain the cause of his absence to relatives and neighbors who were invited for supper on Christmas Eve.
13. — That the news of plaintiff’s arrest, and the charge against him was made public by the morning reporter, ‘Radio-Reloj’; it came to the knowledge of friends and strangers, as well as of plaintiff’s office, his clients and competitors in insurance, and all of it caused embarrassing situations to plaintiff.
14. — The trial of the criminal prosecution filed through defendants’ efforts in the name of the People of Puerto Rico against plaintiff (Criminal Case No. 59-478, of District Court, San Juan Part) was held months later in court presided by [226]*226Judge Pablo Morales, and at said hearing the codefendants José Martí Fuentes, Israel Hernández and José Rodríguez Colón, testified as witnesses for the prosecution, charging him on this occasion, not only with the stealing of the salami but also with the stealing of a bottle of liquor ‘Vat 69’ which, according to them, plaintiff tried to steal by concealing it under his sport shirt and fastened by his belt, which upon being discovered by them caused plaintiff’s arrest and in struggling with him the bottle fell out and was broken. Neither the salami nor the pieces of glass were produced in evidence at said hearing, and with the sole testimony of the plaintiff, and the receipt slip that he produced to prove that he had paid for the salami, he was acquitted, after suffering the humiliation of being tried in public for a denigrating offense.”

Said court also found:

“19. — That from the evidence as a whole we can decide that Israel Hernández as well as Martí Fuentes were negligent and guilty of a false appreciation of the facts and the former, in seeing Mártir Santiago eating part of the salami, which he then put into his pocket, thoughtlessly, without further inquiry and without using the proper means to determine whether the plaintiff had paid for the salami or, in fact, had stolen it, he chose to attack him, and start the commotion that gave rise to the intervention, also unforeseen and abusive, of the manager and the special agent of codefendant, who instead of limiting his intervention to holding plaintiff with the help of Hernández, he struck him violently on his face. We do not doubt that Special Agents Investigators, Inc., was negligent and guilty of having stationed in said establishment on such busy days, codefendant Rodríguez Colón, a man of little experience and stupid, which fact was evident or should have been evident to said Investigators, for at that time he was on a trial period. After the incident it appears that Special Agents Investigators, Inc., dispensed with the services of said agent. •
20. — That the participation of codefendant Special Agents Investigators, Inc.’s employee was limited to holding and attacking plaintiff as aforesaid, and to pushing him violently to the rear of the establishment of Pueblo de Diego, and although he testified in the criminal cause filed against Mártir Santiago it does not appear that he took any steps to procure the arrest or [227]*227the filing of the complaint against plaintiff. Although we hold that he is liable for his participation in the acts that caused ■damages to the complainant, it is fair to adjust the compensation which corresponds to him for his individual acts taking in consideration the scope of his employment and all other circumstances and facts proved.”

There was proof of the care exercised by “Investigators” in selecting its personnel and specifically in the case of Rodriguez Colón (T.E. pp. 250, 251, 252); that he rendered good service (T.E. p. 298); that the scope of the latter’s work at the time of occurrence of the facts that gave rise to the claim in the case at bar was “to be stationed at the door watching the children”, that if any person committed an irregular act his duty was to notify the manager of the supermarket. (T.E. pp. 196-197, 252, 255, 266, 267, 269.)

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Bluebook (online)
88 P.R. 222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martir-santiago-v-pueblo-supermarket-of-de-diego-inc-prsupreme-1963.