Rivera Vega, Delfin v. Whm Carib, LLC
KLAN202500113
| Tribunal De Apelaciones De Pue... | May 19, 2025Background
- Plaintiff, Delfín Rivera Vega, was employed by Wyndham for 22 years and was dismissed following corporate reorganization after the hurricanes in Puerto Rico.
- Rivera alleged his termination was unjustified, involved discrimination due to a disability (arm fracture), and was in retaliation for events following the hurricanes.
- Plaintiff filed a complaint in January 2020 seeking damages under Puerto Rico’s Law 80 (Unjust Dismissal), Law 115 (Retaliation), and other related statutes.
- Defendant argued the claims were time-barred by the one-year statute of limitations under the amended Law 80 and that the dismissal was for legitimate business reasons.
- The trial court granted summary judgment for Wyndham, holding the claims were prescribed and Rivera failed to properly contest defendant’s statement of uncontested facts.
- Rivera appealed, challenging the grant of summary judgment and the finding that his claims were time-barred.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the claim for unjust dismissal was time-barred | Rivera claimed timely extrajudicial interruption via calls/letters | Wyndham argued last communication re: claim was Aug 2018; suit in Jan 2020 | Court found factual dispute on when prescription was interrupted; reversal |
| Whether summary judgment was procedurally correct | Rivera asserted he contested facts per procedural requirements | Wyndham claimed Rivera failed to meet Rule 36 formality requirements | Court agreed Rivera did not strictly comply, but material dispute existed |
| Admissibility and sufficiency of evidence on communication dates | Rivera said call records don’t show content, could indicate claim discussion | Wyndham said duration and access logs show no relevant communication | Court found records did not conclusively establish non-communication |
| Propriety of disposing all claims via summary judgment | Rivera argued unresolved factual disputes mandated trial | Wyndham argued there were no genuine disputes requiring trial | Court reversed summary judgment; remanded for trial |
Key Cases Cited
- Rodríguez García v. UCA, 200 DPR 929 (PR 2018) (explains summary judgment mechanism and standard under Puerto Rico law)
- Rodríguez Méndez v. Laser Eye, 195 DPR 769 (PR 2016) (material fact existence precludes summary judgment)
- Roldán Flores v. M. Cuebas, Inc., 199 DPR 66 (PR 2018) (opponent to summary judgment must present substantial evidence countering movant's proof)
- Ramos Pérez v. Univisión, 178 DPR 200 (PR 2010) (discusses standards for controverting facts in summary judgment motions)
- Rivera Figueroa v. The Fuller Brush Co, 180 DPR 894 (PR 2011) (defines just cause for dismissal)
- Irizarry v. J & J Cons. Prods. Co., Inc., 150 DPR 155 (PR 2000) (interpretive guidance on Law 80 in favor of workers)
- Ortiz Ortiz v. Medtronic Puerto Rico Operations, 209 DPR 759 (PR 2022) (post-reform burden of proof for unjustified dismissal)