Vega v. Crowley American Transport, Inc.

178 F.R.D. 351, 1998 WL 139513
CourtDistrict Court, D. Puerto Rico
DecidedMarch 12, 1998
DocketNos. Civ. 96-1638(SEC), 97-1415(SEC), 96-2002(SEC), and 97-1492(SEC)
StatusPublished
Cited by3 cases

This text of 178 F.R.D. 351 (Vega v. Crowley American Transport, Inc.) 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
Vega v. Crowley American Transport, Inc., 178 F.R.D. 351, 1998 WL 139513 (prd 1998).

Opinion

OPINION AND ORDER

CASELLAS, District Judge.

This ease is before the Court on plaintiffs’ separate motions for summary judgment (Docket #52, 59 and 81), which were duly opposed (Docket #62; 83). On April 19, 1996, Nivardo Marrero Colón (“Marrero”) was driving a Mack Truck, property of defendant Transporte Barceloneta, which was hauling a trailer property of defendant, Crowley American Transport, when he collided with a Nissan Classic driven by Maria Ginés Vega. As a result of the accident, four people lost their lives and one was severely injured. Shortly thereafter, on October 7, 1996, Marrero pled guilty and was convicted of four counts of involuntary manslaughter, and sentenced to six years in prison.1 Plaintiffs essentially contend that Marrero’s guilty plea as to four counts of involuntary manslaughter should be admissible as prima facie evidence of defendants’ negligence in the instant case; and that summary judgment should therefore, be entered as to the liability question. Defendants counter that such evidence is not admissible, and that in the event that it is, it should not be deemed conclusive of the liability question. Upon careful examination of the relevant facts, the applicable law and the arguments advanced by both parties, the Court finds that although such evidence is admissible in the instant case, it cannot be deemed conclusive of defendants’ liability. Thus, plaintiffs’ motions are hereby DENIED.

Summary Judgment Standard

The First Circuit has recently noted that:

[sjummary judgment is a means of determining whether a trial is actually required. It is appropriately granted when the record shows that no genuine issue of material fact exists and that the moving party is entitled to judgment as a matter of law. Thus, in order to defeat a properly crafted summary judgment motion, the party opposing it must demonstrate that a trialworthy issue looms as to a fact which could potentially affect the outcome of the suit.

Serapion v. Martinez, 119 F.3d 982 (1st Cir. 1997). See also McCarthy v. Northwest Airlines, Inc., 56 F.3d 313, 315 (1st Cir.1995).

In determining whether to grant a summary judgment, the Court may not weigh the evidence. Casas Office Machines, Inc. v. Mita Copystar America, Inc., 42 F.3d 668 (1st Cir.1994). Summary judgment “admits of no room for credibility determinations, no room for the measured weighing of conflicting evidence such as the trial process entails.” Id. citing Greenburg v. Puerto Rico Maritime Shipping Authority, 835 F.2d 932, 936 (1st Cir.1987). Accordingly, if the facts permit more than one reasonable inference, the court on summary judgment may not adopt the inference least favorable to the non-moving party. Casas Office Machines, 42 F.3d at 684.

Notwithstanding the foregoing, the mere existence of a factual dispute is seldom enough to defeat summary judgment. United Structures of America, Inc. v. G.R.G. Engineering, S.E., 927 F.Supp. 556, 560 [354]*354(D.P.R.1996). In those cases where there are factual disputes, summary judgment will be deemed proper if the unresolved facts are not genuine and material to the resolution of the case. Corporacion Insular de Seguros v. Reyes Munoz, 849 F.Supp. 126, 132 (D.P.R. 1994). For a dispute to be “genuine”, “the factual controversy ‘must be sufficiently open-ended to permit a rational factfinder to resolve the issue in favor of either side’.” Lynne Woods-Leber v. Hyatt Hotels of Puerto Rico Inc., 124 F.3d 47 (1st Cir.1997). See also U.S. v. One Parcel of Real Property, 960 F.2d 200, 204 (1st Cir.1992); Boston Athletic Assn. v. Sullivan, 867 F.2d 22, 24 (1st Cir. 1989). By like token, “material” means that the fact is one that might affect the outcome of the suit under the governing law. Morris v. Government Development Bank of Puerto Rico, 27 F.3d 746, 748 (1st Cir.1994).

Furthermore, “[on] issues where the nonmovant bears the ultimate burden of proof at trial, he may not defeat a motion for summary judgment by relying upon evidence that is ‘merely colorable’ or ‘not significantly probative.’ ” Pagano v. Frank, 983 F.2d 343, 347 (1st Cir.1993), referring to Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-50, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202 (1986). “To the contrary, the nonmovant must ‘present definite, competent evidence to rebut the motion’.” Pagano, 983 F.2d at 347, referring to Mesnick v. General Elec. Co., 950 F.2d 816, 822 (1st Cir.1991), cert. denied, 504 U.S. 985, 112 S.Ct. 2965, 119 L.Ed.2d 586 (1992). Thus, where the non-movant fails to present evidence that is more than merely colorable, summary judgment will be granted in favor of the movant. See, e.g., Medina-Munoz v. R.J. Reynolds Tobacco Co., 896 F.2d 5, 8 (1st Cir.1990).

Based on the preceding standard, we must examine the facts, as presented by the parties, to determine whether there are any genuine issues of material fact involved. We find that there are.

Applicable Law/Analysis

Plaintiffs argue that Marrero’s conviction is admissible under both Rule 804(b)(3) and Rule 803(22) of the Federal Rules of Evidence. Rule 804(b)(3) provides that statements against the declarant’s interest (such as a plea of guilty) are admissible as exceptions to the hearsay rule if the declarant is unavailable as a witness. Rule 803(22), on the other hand, states that “[e]vidence of a final judgment, entered after trial or upon a plea of guilty ..., adjudging a person guilty of a crime punishable by death or imprisonment in excess of one year, [is admissible] to prove any fact essential to sustain the judgment.” Since Marrero was sentenced to six years after he pleaded guilty of all four counts, his plea should, according to plaintiffs, be admissible as “prima facie evidence of the existence of negligence.”

Given that such evidence is admissible, plaintiffs contend that the owner of the Mack truck driven by Marrero, as well, as the owner of the trailer which the Mack truck hauled, should be held liable for Marrero’s negligence, pursuant to section 13-101 of the Vehicle and Traffic Law, 9 L.P.R.A.

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Bluebook (online)
178 F.R.D. 351, 1998 WL 139513, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vega-v-crowley-american-transport-inc-prd-1998.