Licatini-Kasyouhannon et al v. Baristas del Caribe, LLC et al

Filing 183

ORDER ON DEFENDANT'S MOTION IN COMPLIANCE dismissing 182 Motion In Compliance; overruling Objection to Proposed Jury Instructions and Verdict Form Signed by Judge John Woodcock, Jr on 05/15/2023. (cs)

Case 3:18-cv-01117-JAW-BJM Document 183 Filed 05/15/23 Page 1 of 2

UNITED STATES DISTRICT COURT
DISTRICT OF PUERTO RICO
JOSEPHINE LICATINI KASYOUHANNON )
)
et ux.
)
Plaintiff,
)
)
v.
)
)
BARISTAS DEL CARIBE, LLC, d/b/a
)
STARBUCKS PUERTO RICO,
)
)
et als.
)
Defendant.
)

No. 3:18-cv-01117-JAW

ORDER ON DEFENDANT’S MOTION IN COMPLIANCE
On May 11, 2023, the Defendant Baristas Del Caribe, LLC, d/b/a Starbucks
Puerto Rico (Baristas), filed a motion in compliance urging the Court to amend its
preliminary jury instructions to include a specific instruction concerning the
obligation of Ms. Josephine Licatini Kasyouhannon to prove the existence of a
dangerous condition to sustain her negligence claim against Baristas. Def. Baristas
Del Caribe, LLC, d/b/a Starbucks Puerto Rico’s Obj. to the Honorable Court’s
Proposed Jury Instructions and Verdict Form (ECF No. 182). The Court overrules
Baristas’ objection and dismisses the motion.
The Court agrees with Baristas that the cited Puerto Rico caselaw establishes
that Ms. Licatini Kasyouhannon is required to prove a dangerous condition on
Baristas’ premises to prove her case against Baristas and, in fact, the Court’s final
jury instructions contain an instruction on this principle of law. The question is how
in depth the preliminary instructions should be. The Court has opted for a general

Case 3:18-cv-01117-JAW-BJM Document 183 Filed 05/15/23 Page 2 of 2

statement of the law of negligence to be supplemented in greater detail in the final
instructions. The problem is that if the Court preliminarily instructs the jury on
dangerous condition, it would also be proper to instruct the jury on a business’
obligation to prevent harm to its customers, and if the Court instructed on the
business obligation to prevent harm, the Court should logically instruct the jury on
Ms. Licatini Kasyouhannon’s duty to exercise due case. In effect, the preliminary
instructions would become the final instructions. As the purpose of preliminary
instructions is to give the jury a general idea of the legal issues to help the jurors
follow the case and the evidence, the Court declines to give final instructions at the
outset of the case.
The Court will address the final version of the jury instructions and verdict
form as the trial progresses and in the charge conference once the parties have closed
their cases and the case is ready for submission to the jury.
The Court OVERRULES Defendant Baristas Del Caribe, LLC, d/b/a Starbucks
Puerto Rico’s Objection to the Honorable Court’s Proposed Jury Instructions and
Verdict Form (ECF No. 182) and DISMISSES without prejudice its Motion in
Compliance (ECF No. 182).
SO ORDERED.

/s/ John A. Woodcock, Jr.
JOHN A. WOODCOCK, JR.
UNITED STATES DISTRICT JUDGE

Dated this 15th day of May, 2023

2