Legal Opinion

Villarini-Garcia v. Hospital Del Maestro, Inc.

Court of Appeals for the First Circuit

Decided November 1, 1993No. 92-2373PublishedCited by 63 opinions

1Opinion of the Court

BOUDIN, Circuit Judge.

This ease is a medical malpractice action arising under Puerto Rico law. On summary judgment, the district court ruled that the claims, brought four years after the event, were barred by the local one-year statute of limitations. In our view, the district court’s ruling is correct as to three of the claims; on the remaining claim, we think that it was for the jury rather than the court to determine whether the knowledge and due diligence requisites for bringing the claim at this time have been met.

The facts are largely undisputed. In August 1986, Awilda Villarini Garcia…

2Cases cited17 opinions

  1. Hanna v. PlumerSupreme Court of the United States · 1965
  2. Samuel Mesnick v. General Electric CompanyCourt of Appeals for the First Circuit · 1991
  3. Joseph Osborn and Pamela Osborn, Individually and as Father and Mother and Guardians Ad Litem of Shawna Osborn v. United StatesCourt of Appeals for the Eighth Circuit · 1990
  4. Byrd v. Blue Ridge Rural Electric Cooperative, Inc.Supreme Court of the United States · 1958
  5. Laurence B. Greenburg, Etc. v. Puerto Rico Maritime Shipping Authority, Etc.Court of Appeals for the First Circuit · 1987

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

3Cited by63 opinions

  1. Torres v. E.I. DuPont De Nemours & Co.Court of Appeals for the First Circuit · 2000
  2. prod.liab.rep. (Cch) P 15,038 Edna Rodriguez-Suris v. Bertha MontesinosCourt of Appeals for the First Circuit · 1997
  3. Arturet-Vélez v. R.J. Reynolds Tobacco Co.Court of Appeals for the First Circuit · 2005
  4. Medina-Rivera v. MVM, Inc.Court of Appeals for the First Circuit · 2013
  5. Ouellette v. BeaupreCourt of Appeals for the First Circuit · 2020

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

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