Marquez Gonzalez, Ricardo v. Febre Alemañy, Diana M
KLAN202400611
Tribunal De Apelaciones De Pue...Mar 28, 2025Background
- Ricardo Márquez González suffered severe injuries, including amputation of his right leg, after being struck by a vehicle driven by Diana Febre Alemañy while he was riding a motorcycle.
- The accident occurred on February 11, 2017, and resulted from Febre Alemañy exiting a secondary road and colliding with Márquez González on a principal road.
- Márquez González and his mother, Yvonne González Pérez, sued Febre Alemañy, Rafael Carmelo Febre Rodríguez (the vehicle's owner), and others for damages in the Bayamón Superior Court.
- The trial court found Febre Alemañy negligent, but also attributed 25% comparative negligence to Márquez González, awarding damages to the plaintiffs with accrual of interest from the date of the complaint.
- Febre Alemañy and co-defendants appealed, alleging errors in fact-finding, interest calculation, and evidentiary assessments, but failed to provide a transcript of the trial testimony necessary for appellate review.
Issues
| Issue | Plaintiff’s Argument | Defendant’s Argument | Held |
|---|---|---|---|
| Sufficiency of fact-finding | TPI properly weighed testimony and evidence, supporting findings. | TPI findings not based on evidence or stipulations. | Appellate court deferred to TPI; no transcript produced by appellants. |
| Comparative negligence apportionment | Apportionment was proper given facts established at trial. | Apportionment did not match trial evidence; was excessive. | No basis to alter TPI’s apportionment; affirm as appellants failed to meet burden. |
| Damages and evidence of suffering/costs | Evidence at trial supported awards for damages, suffering, and expenses. | Damages for suffering and costs not proven by evidence. | Unable to overturn without transcript; deference to TPI. |
| Interest calculation starting from filing | Interest should run from filing; defendants acted in bad faith (temerity). | Interest should run from judgment date; no finding of temerity. | Interest to be calculated from judgment date only, as no temerity found. |
Key Cases Cited
- Ortiz Ortiz v. Medtronic PR., 209 DPR 759 (Puerto Rico 2022) (deference to trial court in credibility and fact-finding)
- Santiago Ortiz v. Real Legacy, 206 DPR 194 (Puerto Rico 2021) (trial court better positioned to assess witness credibility)
- Dávila Nieves v. Meléndez Marín, 187 DPR 750 (Puerto Rico 2013) (manifest error or bias needed to overturn trial findings)
- Meléndez Vega v. El Vocero de PR, 189 DPR 123 (Puerto Rico 2013) (criteria for appellate review of findings)
- Camacho Torres v. AAFET, 168 DPR 66 (Puerto Rico 2006) (requirement of transcript for appellate review of fact-finding)