Legal Opinion

Villarini-Garcia v. Hospital Del Maestro

Court of Appeals for the First Circuit

Decided April 24, 1997No. 96-2024PublishedCited by 16 opinions

1Opinion of the Court

BOUDIN, Circuit Judge.

Dr. Mario J. Tomasini appeals from an adverse judgment against him for medical malpractice. Dr. Tomasini makes several claims of error, only one of which requires extended discussion. On that claim, which presents a difficult question concerning offsets to damage awards, we conclude that a deduction is required in this case to account for payment already received in settlement by the plaintiff, Awilda Villarini-Garcia, from the hospital for the same injury.

This case began with an operation performed by Dr. Tomasini in September 1986 at Hospital del Maestro in Puerto…

2Cases cited17 opinions

  1. McDermott, Inc. v. AmClydeSupreme Court of the United States · 1994
  2. Villarini-Garcia v. Hospital Del Maestro, Inc.Court of Appeals for the First Circuit · 1993
  3. Federal Deposit Insurance Corporation v. Consolidated Mortgage and Finance CorporationCourt of Appeals for the First Circuit · 1986
  4. Husky Refining Co. v. BarnesCourt of Appeals for the Ninth Circuit · 1941
  5. Collier v. Eagle-Picher Industries, Inc.Court of Special Appeals of Maryland · 1991

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3Cited by16 opinions

  1. Omar Portugués-Santana v. Rekomdiv International Inc.Court of Appeals for the First Circuit · 2013
  2. Acordia of Virginia Insurance Agency, Inc. v. Genito Glenn, L.P.Supreme Court of Virginia · 2002
  3. Portugues-Santana v. Rekomdiv InternationalCourt of Appeals for the First Circuit · 2011
  4. Vernet v. Serrano-TorresCourt of Appeals for the First Circuit · 2009
  5. Rio Mar Associates, LP, SE v. UHS of Puerto Rico, Inc.Court of Appeals for the First Circuit · 2008

11 more not listed; retrieve them via the Exa API.

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