Rivera Fernandez, Blanca v. Liberty Mutual Insurance, KLAN202500126

Blanca Rivera Fernández filed a lawsuit after she suffered a fall at City View Plaza, alleging negligence against WAFRA, Inc. (administrator/owner), City View Plaza, LLC, and their insurer, Liberty Mutual Insurance.
Rivera Fernández failed to serve (emplazar) WAFRA, Inc. within the 120-day term required by Puerto Rico's Civil Procedure Rule 4.3(c).
The trial court initially dismissed Rivera's claim against WAFRA with prejudice, reasoning that because Rivera proceeded directly against the insurer, WAFRA was not indispensable, but the dismissal with prejudice was appropriate due to the lack of timely service.
Rivera requested reconsideration, arguing that the first failure to serve within 120 days only merits dismissal without prejudice, as required by case law and Civil Procedure Rules.
The trial court denied the second motion for reconsideration, maintaining dismissal with prejudice. Rivera appealed, limited to whether the dismissal should have been with or without prejudice.
The Court of Appeals reviewed only the propriety of the "with prejudice" aspect of the dismissal, as both parties agreed the claim against WAFRA should be dismissed for lack of timely service.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether dismissal for failure to serve within 120 days for the first time should be with or without prejudice	Rivera argued it must be without prejudice per Rule 4.3(c) and Supreme Court precedent	WAFRA did not appear; trial court reasoned that pursuing an action only against the insurer justified with prejudice dismissal	The court held dismissal must be without prejudice for first failure to serve within 120 days
Whether a plaintiff’s election to pursue a direct action against the insurer makes the insured 'indispensable'	Rivera argued the law allows pursuing only the insurer, so WAFRA was not indispensable	Trial court treated WAFRA as indispensable, supporting dismissal with prejudice	Court agreed with Rivera; the right to direct action is independent

Cancel Rivera v. González Ruiz, 200 DPR 319 (failure to serve within 120 days means automatic dismissal without prejudice for the first instance)
Torres Zayas v. Montano Gómez, 199 DPR 458 (explains when a party becomes properly before the court via service)
Sánchez Rivera v. Malavé Rivera, 192 DPR 854 (reaffirms requirements for proper service and effect of dismissal)
Ross Valedón v. Hosp. Dr. Susoni, 213 DPR 481 (mandating prompt dismissal without prejudice for first failure to serve within statutory period)
Ruiz v. New York Dept. Stores, 146 DPR 353 (explains separate and independent causes of action against insurer and insured under Puerto Rico law)