Santaella Negrón v. Licari

83 P.R. 855
CourtSupreme Court of Puerto Rico
DecidedNovember 22, 1961
DocketNo. 12367
StatusPublished

This text of 83 P.R. 855 (Santaella Negrón v. Licari) 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
Santaella Negrón v. Licari, 83 P.R. 855 (prsupreme 1961).

Opinion

Mr. Justice Rigau

delivered the opinion of the Court.

This is an action for damages for personal injuries. The defendant San Juan Darlington, Inc. is the owner of and operates a twelve-story building known as “San Juan Dar-lington” at 600 Fernández Juncos Avenue, Santurce, Puerto Rico. The first floor of said building is devoted to offices and commercial establishments and the remaining eleven stories are devoted to the rental of residential apartments. The defendant Philip Licari is an attorney at law and at the time of the events herein he had his office in the first floor of the San Juan Darlington, which office he occupied as tenant of the codefendant. The aforesaid building has a corridor along the center of its first floor with access to several offices and businesses which are established on either side of said corridor.

On the day of the accident the plaintiff and her sister left a beauty parlor of which they are clients situated on the first floor of the Darlington Building and walked along said’ corridor towards the street. As they thus walked, the defendant Licari suddenly opened the door of his office hitting the plaintiff on her right side, throwing her to the floor. Said door opens outward, that is, towards the corridor and it is 36 inches wide. It was opened by Mr. Licari while he was inside his office.

[858]*858According to the findings of fact of the trial court, the accident took place on July 22, 1955; that day the victim was examined by a physician at her house; on the 23d she was examined by a bone specialist who was called to her house; that same day X-Ray pictures were taken at patient’s house; on July 24 she was taken to a hospital and was operated next day. Plaintiff returned on next August 9 to her home in an ambulance, and stayed in bed for more than two months. In October, the physician gave orders that she be taken out of bed because she was suffering from pneumonia and she spent half an hour every day in a wheel chair. At the time of the trial, on November 8, 1956, she had been able to sit only on a wheel chair; she could not walk, not even on crutches. Prior to the accident the plaintiff enjoyed good health and walked without any aid. At the time of the accident the plaintiff was 74 years of age and weighed 140 pounds.

The injuries suffered by the plaintiff are described by the trial court in its opinion as follows:

“The medical examination made by Dr. Espinosa on the day following the fall revealed the existence of trauma in both shoulders and arms and trauma with fracture in the left hip. The trauma on the right side was an ecchymosis in the lateral part of the right arm from the shoulder to the arm. There was an ecchymosis on the left shoulder which also extended to the arm. There was an extravasation of the blood in the conjunctive of the left eye and there was a dislocation of the hip which required an operation. In the operation the hip was opened to reduce the fracture with internal fixation by a nail. The subcapital fracture was immediately under the head of the femur with dislocation of the bone. After the operation a cast was placed from the ankle covering the foot in order to prevent any outward movement of the leg. When she left the Auxilio Mutuo, plaintiff remained in her home in a hospital bed until she was able to sit in a wheel chair. According to the last X-Ray which was made about two weeks before the trial, the doctor authorized the plaintiff to stand on her feet but holding for support on two bars which were constructed for that purpose. The last medical examination of the patient revealed: [859]*859(1) disuse atrophy of the limb due to the fracture; (2) weakness of the limb caused by disuse; (3) inflammation of the left knee with considerable limitation of the movement of the knee, a limitation of 65° flexion, the normal being 90°; (4) certain secondary limitation in the movement of the other leg, the right leg. This condition affects the patient psychologically and morally due to her inability and incapacity to attend herself as well as the physiological functions in general. The more recent X-Rays show that the fracture has healed.
“Dr. Espinosa testified on the witness stand that at that time the prognostic was of a reserved nature, that is, the plaintiff’s condition could develop eventually satisfactorily, that the inflammation of her left knee could give her much trouble perhaps indefinitely; or also that necrosis of the head of the bone could follow, that is, could die and become deformed. This would cause great pain when standing and it would affect the circulatory system making it necessary perhaps to remove, by-surgery, the head of the bone.”

The plaintiff claimed $50,000 for damages, plus medical expenses incurred and costs and attorney’s fees. The Superior Court dismissed the complaint as to defendant Li-cari, and granted it as to the San Juan Darlington, Inc. ordering it to pay $12,000 for damages, $2,451.06 for medical expenses plus costs and $500 for attorney’s fees.

The appellant alleges that the trial court erred (1) in considering the evidence sufficient and in deciding that the landlord was negligent and in failing to decide that the plaintiff as well as codefendant Philip Licari has been negligent; (2) in sentencing the landlord without evidence and in “making subjectives findings thereby depriving the appellant of its right to examine and of the due process of law”; and (8) in ordering it to pay a disproportionate compensation without any legal basis and in imposing attorney’s fees.

We shall discuss the first and second assignments of error jointly because they are closely related. In support of its position the defendant raises the following three questions in its brief, which we shall consider: (a) That the tenant Li-cari and not the landlord, is liable for the damages suffered [860]*860.by plaintiff because Licari and not the landlord had the control «of his office and of the door of said office; (b) That the landlord was compelled to have that door opening outward and not inward, because it was so required by the Regulations of ' the Planning Board of Puerto Rico, the Fire Service Regulations, the “National Building Code” and because the drawings ■of the building were approved by the Bureau of Permits of ^Puerto Rico; (c) That the evidence does not have the scope or legal consequences of rendering the defendant liable for the damages.

Liability of the landlord. It is a well-settled principle, consistently followed by the authorities, that when a building consists of several apartments or rooms and they are leased to different tenants, the entrances, foyers, staircases and halls of common use are, except when otherwise provided, in the possession and under the control of the landlord and, consequently, the responsibility for their condition and safety rests on the latter. It is his duty to see that said facilities of common use are kept in such conditions as to offer security to the tenants as well as to the persons who legitimately enter the building. Among the persons so entering the building legitimately are the clients of the businesses established therein. Ramírez v. Hotel Condado, 68 P.R.R. 880, 882 (1948); Torres v. Fernández, 56 P.R.R. 459, 470 (1940); Nunan v. Dudley, 91 N.E.2d 840 (1950); Wool v. Larner, 26 A.2d 89, 92 (1942); Pickford v. Abramson,

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Bluebook (online)
83 P.R. 855, Counsel Stack Legal Research, https://law.counselstack.com/opinion/santaella-negron-v-licari-prsupreme-1961.