Calderon Amezquita v. Rivera Cruz

Filing 614

OPINION AND ORDER: Noted 596 Motion Submitting Request for Clarification; Denying 596 Motion for Reconsideration Dictum as to Claims Against Dr. Victor Rivera-Cruz; Noted 602 Motion In Compliance; Noted and Granting 605 Motion In Compliance with Orders Issued at Dockets No. 581 & 592. Signed by Judge Gustavo A. Gelpi on 9/1/2020. (CRH) Modified on 9/1/2020 to edit title as per Chamber's request(gmm).

Case 3:17-cv-02197-GAG-CVR Document 614 Filed 09/01/20 Page 1 of 3

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

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YEMAL CALDERÓN AMÉZQUITA
Plaintiff,
v.

CIVIL NO. 17-2197 (GAG)

VICTOR RIVERA-CRUZ, et al.,
Defendants.

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MEMORANDUM OPINION

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In its previous Opinion and Order (Docket No. 581), the Court raised concerns as to whether

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Plaintiff Yemal Calderón-Amézquita’s causes of action against Defendant Dr. Victor Rivera Cruz,

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in the context of a medical malpractice law, were plausible under Commonwealth law. (Docket No.

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581 at 41). The four causes of actions, all under Articles 1802 and/or 1803 of the Civil Code of

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Puerto Rico, included in the Amended Complaint are: (1) medical malpractice pursuant to Article

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1802 and 1803; (2) hospital and commercial liability pursuant to Article 1802; (3) negligence in the

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“performance of supervisory” duties pursuant to Article 1802 and 1803, and (4) “director liability”

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pursuant to Article 1802. (Docket No. 68 ¶¶ 196-241).

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The Court generally posed the following question: “[C]an a physician, who holds a

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supervisory role within a hospital structure, be held liable for allegedly failing to perform certain

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duties or institute proper policies, under Articles 1802 and/or 1803 of the Puerto Rico Civil Code?”

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(Docket No. 581 at 41) (emphasis in original). Subsequently, the Court asked a more comprehensive

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set of questions and ordered the parties to brief on these issues with specific Commonwealth case-

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law. (Docket No. 581 at 41-42). The Court even suggested that “[p]erhaps, this is a legal issue that

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may ultimately need to be certified to the Puerto Rico Supreme Court. Id. at 42, n. 13. As per

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Case 3:17-cv-02197-GAG-CVR Document 614 Filed 09/01/20 Page 2 of 3

Civil No. 17-2197 (GAG)
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Defendant Dr. Rivera-Cruz’s motion for clarification at Docket No. 591, the Court ordered the

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parties to file simultaneous memoranda of law by August 17, 2020 to addresses these questions.

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(Docket No. 592).

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After reviewing the parties submissions in compliance with the Court’s show cause orders,

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the ruling is as follows: Motions in compliance at Dockets Nos. 602, 605 and 596 are NOTED.

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Plaintiff’s Motion for Reconsideration Dictum as to Claims Against Dr. Victor Rivera-Cruz at

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Docket No. 596 is hereby DENIED. In light of the show cause orders, Plaintiff Calderón-Amézquita

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has moved to voluntarily dismiss the Third and Fourth causes of action in the Amended Complaint

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(Docket No. 68). Said request at Docket No. 605 is hereby GRANTED. Plaintiff’s remaining claims

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against Defendant are: (1) medical malpractice and (2) hospital and commercial liability claims, both

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pursuant to only Article 1802. (Docket No. 68 at 27-30).

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Notwithstanding, the Court agrees with Defendant Dr. Rivera-Cruz’s memorandum of law

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analysis that “Article 1802, as applied in medical malpractice cases, is predicated on a physician’s

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treatment or an intervention with a given patient.” (Docket No. 602 at 7) (emphasis added). Plaintiff

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Calderón-Amézquita’s medical malpractice claim against Dr. Rivera-Cruz are premised on his

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alleged duty as Emergency Room Director to “supervise, monitor and correct the subpar

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performance” of other physicians (Docket No. 68 ¶ 207) and an obligation to “step in and provide

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medical care” when others allegedly fail. (Docket No. 605 at 2). Plaintiff also plead that Defendant

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negligently “omitted to institute proper policies and procedures as well as to ensure compliance with

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those already in place.” (Docket No. 68 ¶ 207). Plaintiff Calderón-Amézquita reiterated this

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arguments in his oppositions to Dr. Rivera-Cruz’s motion for partial summary judgment. (Docket

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No. 522). Plaintiff supported these contentions by citing evidence submitted to the record,

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specifically Dr. Edwin Miranda’s expert testimony and the answers during depositions by Plaintiff,

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Case 3:17-cv-02197-GAG-CVR Document 614 Filed 09/01/20 Page 3 of 3

Civil No. 17-2197 (GAG)
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Dr. Rivera-Cruz and other Defendants. (Docket No. 522 at 18-22).

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After careful consideration, the Court holds that, as matter of law, these “duties, obligations

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and omissions” advanced by Plaintiff are not predicated on direct medical treatment or intervention

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of a patient and are unconceivable and unsupported by Article 1802 of the Civil Code of Puerto

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Rico, P.R. LAWS ANN. tit. 31, § 5141 and the applicable Commonwealth case-laws. See e.g. Pages-

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Ramirez v. Ramírez-González, 605 F. 3d 109, 113 (1st Cir. 2010); Rolón-Alvarado v. Municipality

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of San Juan, 1 F. 3d 74, 78 (1st Cir. 1993). The Court already ruled that it is uncontested that Dr.

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Rivera-Cruz “never directly treated the deceased.”(Docket No. 581 at 40). Consequently, the Court

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hereby reconsiders its previous ruling and, absent any material issues of fact, GRANTS Defendant

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Dr. Rivera-Cruz’s Motion for Partial Summary Judgment at Docket No. 503. Plaintiff’s only

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remaining claim against Dr. Rivera-Cruz is the hospital and commercial liability cause of action.

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Final judgment shall be entered accordingly.

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SO ORDERED.

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In San Juan, Puerto Rico this 1st of September, 2020.
s/ Gustavo A. Gelpí
GUSTAVO A. GELPI
United States District Judge

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