Yomar Vázquez-Filippetti, et al, v. Banco Popular De Puerto Rico, Federal Insurance Company, Cooperativa De Seguros Múltiples de Puerto Rico, et al. In the United States District Court for the District of Puerto Rico (Hon. Héctor M. Laffitte, USDJ).

Yomar Vázquez-Filippetti, a 19-year college student who lived at home with her mother and sister, went to a branch of Banco Popular in Ponce, Puerto Rico, to withdraw money from an Automatic Teller Machine (ATM). The ATM is located on an outside wall of the bank, directly across from the exit of the bank’s drive-through teller facility (Auto-Bank). Customers using the ATM had to stand with their backs towards the motor vehicles exiting the Auto-Bank. No protective barrier separated ATM users from motor vehicles exiting the Auto-Bank. At the moment Yomar was withdrawing cash, a 1996 Mercury Grand Marquis exited the Auto-Bank, struck her from behind, pinned her against the ATM, and crushed her legs. As a result, Yomar suffered the amputation of her right leg above the knee, as well as other serious physical and emotional injuries. Yomar’s mother and sisters also suffered emotional and psychological injuries.

After a seven-day trial, a federal court jury awarded Six Million Dollars ($6,000,000.00) to all plaintiffs, assigning Banco Popular de Puerto Rico seventy-five percent (75%) responsibility and twenty-five percent (25%) to the owner/driver of the Grand Marquis. Under Puerto Rico law, Banco Popular and its insurers are liable for the full amount of the judgment.

Wanda Algarín, et al, v. UHS of Puerto Rico, Inc., et al. In the United States District Court for the District of Puerto Rico (Hon. Jaime Pieras, Jr., Senior USDJ).

Santiago Rivera-Meléndez, a 29-year old unemployed truck driver and father of four minor children, was driving his car on a four-lane undivided state road early one morning when an automobile traveling in the opposite direction suddenly crossed over into his lane and struck his vehicle head-on. Rivera was thrown violently forward against his seat-belt during the resultant sudden deceleration yet exited the car on his own and was taken by ambulance to Hospital San Pablo del Este (a division of United Health Services, Inc.) complaining of chest pains. Although Emergency Room personnel took a chest X-ray and a CT-scan, they failed to detect that he had suffered a torn aortic artery (a common sudden-deceleration injury) and, as a result, was bleeding into his chest cavity. Rivera hemorrhaged for several hours before the injury was finally discovered by hospital personnel. By then, it was too late to prevent his death later that same day.

Our firm brought suit in federal court against the hospital under the Emergency Medical Treatment and Active Labor Act (EMTALA) and against the medical personnel under Puerto Rico’s medical malpractice law on behalf of Rivera’s widow and four minor children, none of whom were with Rivera at the time of the collision. On the day the jury trial was scheduled to begin, a comprehensive settlement agreement was reached in the amount of $2,400,000.00 for all plaintiffs.

United States v. Samuel I. Ajiri, et al, (United States District Court for the Eastern District of Michigan) (Hon. Marianne O. Battani, USDJ).

A medical doctor was charged in a three-count criminal Indictment with conspiracy to defraud the United States Department of Health and Human Services (HHS), pursuant to 18 U.S.C. §371 (Count I); defrauding Medicare by using the United States Postal Service, pursuant to 18 U.S.C. §1341 (Count II); and defrauding Blue Cross/Blue Shield of Michigan by using the United States Postal Service, pursuant to 18 U.S.C. §1341 (Count III). The indictment alleged that the Physician committed fraudulent criminal acts (e.g., up-coding, over-billing, phantom-billing) while providing medical services as an employee of a physician’s home-visit business operating in Detroit and elsewhere in Eastern Michigan under the Federal medicare/medicaid program. Our Client pleaded not guilty to all counts of the indictment.

After a year of pre-trial proceedings, trial was held in downtown Detroit’s Federal Courthouse. During the eight-week trial, the government presented forty-eight (48) witnesses and introduced several hundred exhibits consisting of several thousands of pages. Our client was found Not Guilty and acquitted on all counts.

Nelson Torres and Jessica Torres v. K-Mart Corporation, Civil No. 99-1072 (SEC)(JA).

Our firm recently won  a 1.6 million dollar jury verdict in the United States District Court for the District of Puerto Rico in the above-captioned case.

On August 18, 1998, plaintiff Nelson Torres, accompanied by his wife Jessica, visited the Big K-Mart store operated by defendant in Trujillo Alto, Puerto Rico to purchase school supplies. The plaintiffs had been in the seasonal goods area for about forty-five minutes without seeing a K-Mart employee.  Mr. Torres went looking for an employee and could not find one. While returning to the seasonal goods area, he slipped and fell due to a puddle of water covering about five tiles.  As a result of his fall Mr. Torres has a permanent impairment of twenty-three percent of his general physiological functions.  The jury awarded Mr. Torres 1.4 million dollars for his damages and his wife was awarded two hundred thousand dollars.

Janet Yu v. Fluor Daniel Caribbean, Inc., Continental Casualty Co. v. Freddy Crane Services, Inc. and American International Insurance Co., Civil No. 99-1496(JAF)

In September of 1998, Fluor Daniel Caribbean was building a luxury condominium on a lot adjacent to Playa Grande Condominium where plaintiff Janet Yu resided.  Fluor Daniel retained the services of Freddy Crane Services, Inc. who erected a construction crane at a height of one hundred and ninety-five feet.  On September 18, 1998, hurricane Georges was moving towards Puerto Rico.  Although no formal hurricane watch had yet been issued, various individuals, including residents of Playa Grande Condominium, advised Fluor Daniel of the risk posed by the crane at its construction project.  On September 19, a hurricane watch for Puerto Rico was issued; and on September 20, the hurricane watch was turned into a hurricane warning.  Fluor Daniel took no action to lower the crane.

On September 21, Janet Yu was alone in her apartment during the passing of Georges through Puerto Rico.  At approximately 7:30 p.m., while Ms. Yu was standing in her living room, she heard and felt an explosion that caused her living room windows with their protective hurricane shutters to come crashing into her apartment, striking her.  While wind, rain and debris entered her apartment through the opening where her living room window had been located, plaintiff attempted in vain to open her apartment door to escape.  She was bleeding from a wound suffered when she was hit by debris.  Ms. Yu remained trapped in her apartment for approximately two hours until the hurricane winds subsided and she was finally able to open her apartment door and escape.

Yu suffered cuts and bruises and she suffers from Post Traumatic Stress Disorder.  The cost to repair Yu’s apartment, its diminution in value after it is repaired, her lost personal property, storage charges and Yu’s mental and moral anguish were also claimed as damages.  Fluor Daniel refused to pay for Yu’s living expenses for a period longer than two months.  At the time of the trial, Yu’s apartment remained unrepaired and she had moved to Pennsylvania.

Yu sued Fluor Daniel and its insurance carrier Continental Casualty Company claiming negligence in failing to take the necessary precautions to either lower the construction crane or to properly secure it to prevent its collapse during Georges’ passing.  It was also alleged that under the building code in effect at the time of the accident, the construction crane had to withstand winds of up to 160 miles per hour.  According to plaintiff, since the maximum sustained winds in the area reached 76 miles per hour with gusts of 93 miles per hour, the crane collapsed because of improper installation.  Finally, it was asserted that Fluor Daniel was liable to plaintiff for the negligence of its subcontractor Freddy Crane Services, Inc.

In its third-party complaint against Freddy Crane Services, Inc. and its insurance carrier American International Insurance Company, Fluor Daniel contended that it requested from its contractor Freddy Crane Services, Inc. to lower the crane because it did not have the personnel, nor the expertise to do so itself.  Moreover, it also alleged that the carne collapsed as a result of the deficient installation performed by Freddy Crane Services, Inc.  In Fluor Daniel’s view, Freddy Crane Services, Inc. and American International Insurance Company were jointly and severally liable to it for any damages that Fluor Daniel may have to pay plaintiff.

The jury entered a 1.5 million dollar verdict in plaintiff’s favor.  The jury further awarded $750,000 to Fluor Daniel in its third-party complaint against Freddy Crane Services, Inc. and American International Insurance Company.

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