Calderon-Ortega v. United States
753 F.3d 250
1st Cir.2014Background
- Calderón-Ortega sued the United States under the FTCA for injuries from a slip on liquid at the Fort Buchanan PX, Jan. 27, 2010.
- PX is operated by the Army and Air Force Exchange Service on a military base in San Juan, Puerto Rico.
- District court conducted a bench trial and reserved decision, later holding the United States not liable.
- Plaintiff alleged PX staff negligently prevented the spill and failed to clean it up.
- Court held that liability depends on the owner’s actual or constructive knowledge of the hazard under Puerto Rico law.
- PX had established inspection protocols; the shift manager conducted periodic floor checks and instructed immediate area blockage and cleanup when spills were spotted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constructive knowledge required for premises liability under PR law? | Calderón-Ortega argues constructively that PX should have known of the spill. | United States contends there is no evidence of constructive knowledge and the district court’s finding should stand. | No constructive knowledge proven; defendant not liable. |
| Did inspection practices create liability through breach of duty? | Plaintiff asserts failure to inspect or inadequate policy breached duty. | PX had established inspection policies; duties centralized with shift manager. | Inspections and protocols were observed; no breach proved. |
| Is the district court’s factual finding about inspections clearly erroneous? | District court erred in crediting testimony about prior spill awareness. | Findings supported by record; credibility left to district court. | No clear error; findings affirmed. |
Key Cases Cited
- Nieves-Romero v. United States, 715 F.3d 375 (1st Cir. 2013) (FTCA liability requires fault and ties to local law)
- Woods-Leber v. Hyatt Hotels of P.R., Inc., 124 F.3d 47 (1st Cir. 1997) (premises liability hinges on foreseeability and owner knowledge)
- Coyne v. Taber Partners I, 53 F.3d 454 (1st Cir. 1995) (foreseeability and knowledge standard in premises liability)
- Cotto v. Consol. Mut. Ins. Co., 16 P.R. Offic. Trans. 786 (P.R. 1985) (PR duty of care to business invitees; elements of negligence)
- Mas v. United States, 984 F.2d 527 (1st Cir. 1993) (plaintiff must prove defendant had actual or constructive knowledge)
- Ramos Rosado v. Wal-Mart Stores, Inc., 165 D.P.R. 510 (P.R. 2005) (Puerto Rico Supreme Court rationale discussed for footing of duty)
- Vázquez-Filippetti v. Banco Popular de P.R., 504 F.3d 43 (1st Cir. 2007) (premises liability and fault required for tort recovery)