Oueslati et al v. Belardo et al

Filing 27

OPIION AND ORDER regarding damages. Judgment to follow. Signed by Judge Juan M Perez-Gimenez on 6/17/2013.(VCC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO

OUESLATI, et al.,
Plaintiff
v.

CIVIL NO. 11-2165 (PG)

BELARDO, et al.
Defendants

OPINION AND ORDER
The instant case is an action for damages against defendants Luis
Belardo and Glen Martin as a consequence of the physical assault executed
against plaintiff Haithem Oueslati dating back to December 4, 2010. The
case’s

procedural

history

is

succinct

given

that

defendants

never

appeared and were found in default. Plaintiffs filed the Complaint on
December

2,

2011.

Since

defendants

never

answered

the

Complaint,

plaintiffs requested the Entry of Default against them on September 6,
2012 (Docket No. 13). On October 11, 2012, the Court granted their
request (Docket No. 14). The Non-Jury Trial was held on May 28, 2013
without the appearance of Defendants. After having heard the evidence at
Trial, the Court makes the following findings.
FINDINGS OF FACTS
The complaint alleges that on 2007, Plaintiffs Haithem Oueslati
(hereinafter “Oueslati”) and Daniela Marin (hereinafter “Marin”) bought a
property located in Vieques, Puerto Rico. Oueslati put the house up for
sale through Bravos Boyz Real Estate Property (“Bravo Boyz”), a Viequesbased real estate company. Within two weeks he got an offer for the
house. Oueslati, however, could not agree with the potential buyer on a
selling price and ultimately decided to remove the house from the market.
On December 1, 2010 Oueslati arrived in Vieques, Puerto Rico, to
check on his property and to carry out maintenance of the house and
grounds. He planned to hire a property manager and asked Bravos Boyz for
referrals. Defendant Luis Belardo (hereinafter “Belardo”) was one of the
people recommended and Oueslati set up a meeting to interview him on
December 4th, 2010.

Civil No. 11-2165 (PG)

Page 2

Belardo showed up to the meeting with Glen Martin (hereinafter
“Martin”) who was introduced by Belardo as his business partner. After
joining Oueslati, they all drove to his property, located on a steep
hill.
Once they finally arrived at the house, without any particular
reason,

Martin

began

to

scream

and

verbally

abuse

Oueslati,

using

profanity and menacing words. Through this, Belardo stood by Martin’s
side in silence, with his arms crossed. Martin started telling Oueslati
that he was the broker who made an offer on the house and told Oueslati
that he should have sold the house. Martin continued to be enraged and,
afraid for his safety, Oueslati asked defendants to abandon his property.
In response, Martin pushed Oueslati and then proceeded to beat
him. The next thing Oueslati remembers is opening his eyes and being
disoriented, with gushing blood. Oueslati, however, had no cell phone
reception and could not call the police. After the assault, Belardo and
Martin threatened Oueslati if he pressed charges against them. A neighbor
named Hector Melendez, who is a registered nurse, examined Oueslati and
then took him to the hospital. Oueslati’s next door neighbor, Laura
Cohen, witnessed part of the incident.
After receiving initial care at the emergency room in Vieques,
Oueslati was flown to Centro Médico due to the severity of his injuries.
Juan

Troconis,

M.D.,

a

maxillofacial

resident

at

Centro

Médico

who

examined Oueslati upon his arrival at the hospital, testified that the
patient came in with facial trauma. Oueslati was diagnosed with five
fractures on his face and a hemorrhaged right eye. After reading his XRays, Troconis told Oueslati that he had to have surgery immediately.
Oueslati decided to undergo the facial reconstruction surgery in
New York to be with his family. He spent several days trying to find a
doctor

who

could

perform

the

operation

and

would

accept

his

health

insurance plan to cover the expenses. The operation finally took place on
December 14th, 2010 at Cornell Hospital.
Oueslati testified that all through that time he was in constant
pain. The surgery lasted 4 to 6 hours in which time the doctors inserted
several

metal

plates

on

Oueslati’s

face.

Since

his

jaw

was

broken,

various screws and wires were placed on his jaw. As a result, Oueslati
was not able to eat solid foods for two weeks.

Civil No. 11-2165 (PG)

Page 3

In addition, Oueslati testified that his life changed drastically
after the incident. He became extremely stressed and felt afraid for his
safety and that of his family since Martin had his address, phone number
and contact information in New York. To make matters worse, Oueslati also
heard that the defendants were threatening his broker, Bravos Boyz, to
avoid prosecution for the assault.
Oueslati indicated that he was so nervous that he installed an
alarm system in his house and changed the locks. He also suffered a
nervous breakdown and was unable to work for five months. In addition, he
was also unable to sleep for at least two months. The aftermath of the
assault also left Oueslati with physical limitations, as he still does
not have any feeling in his upper gum.
Oueslati’s wife also suffered nervous breakdowns as a result of the
incident. Oueslati testified that Marin had to dedicate herself to taking
care of him in the post-operatory recovery.
Oueslati testified that Belardo, who has a record for substance
abuse, entered into a Plea Agreement in the criminal case before the
Puerto Rico Court of First Instance, Fajardo Section, arising out of the
assault.

Likewise,

Glen

Martin’s

trial

for

aggravated

assault

is

scheduled to begin on August at the Fajardo Court.

CONCLUSIONS OF LAW
Article 1802 of the Puerto Rico Civil Code, 31 L.P.R.A. § 5141,
establishes: “A person who by an act or omission causes damage to another
through fault or negligence shall be obliged to repair the damage so
done. Concurrent imprudence of the party aggrieved does not exempt from
liability, but entails a reduction of the indemnity.”
Puerto Rico recognizes the principle of joint responsibility among
persons causing the harm. Sánchez Rodríguez v. López Jiménez, 118 D.P.R.
701 (1987). When several persons intervene or cooperate in causing harm,
all are jointly liable for damages caused even though each one shall be
personally responsible for his own fault. Id. In view of impossibility of
apportioning damages caused by each individual tortfeasor, each shall be
liable for entire damage caused (joint liability) without reference to
degree or intensity of respective fault. Id.

Civil No. 11-2165 (PG)

Page 4

In the present action, the evidence shows that defendants acted
negligently and, in doing so, caused plaintiffs considerable damage.
From the testimony gathered at trial, it can be ascertained that, on
December 4, 2010, defendants savagely beat Oueslati without provocation
apparently because defendant Glen Martin was upset that Oueslati had not
accepted

his

offer

on

the

property

Oueslati

and

his

wife

owned

in

Vieques.
As

a

result

of

defendants’

negligent

actions,

Oueslati

endured

severe injuries. Not only was he in constant pain, but he had to undergo
reconstructive surgery for the facial trauma that he suffered. Oueslati
had screws, wires and rubber bands attached to his jaw for approximately
two weeks. To this day, Oueslati has metal plates on his face and still
has not recovered all feeling on parts of his face.
In addition to his physical injuries, the evidence at trial showed
that Oueslati suffered considerable mental anguish. He was so afraid for
his safety and that of his family that he suffered nervous breakdowns.
His wife also suffered mental anguish and moral damage product of the
verbal and physical assault inflicted to her husband.
After

assessing

the

evidence

on

the

record

and

the

testimony

presented at trial, this Court estimates damages to plaintiffs in the sum
of

$600,000.00.

Furthermore,

in

light

of

the

principle

of

joint

responsibility under Puerto Rico law, this Court finds that defendants
Luis Belardo and Glen Martin are jointly liable for the damages caused to
plaintiffs.
IT IS SO ORDERED.
In San Juan, Puerto Rico, June 14, 2013.

s/ Juan M. Pérez-Giménez
JUAN M. PEREZ-GIMENEZ
SENIOR U.S. DISTRICT JUDGE