Torres Wever, Rafael Jose v. Estado Libre Asociado De Puerto Rico
KLAN202401126
| Tribunal De Apelaciones De Pue... | May 20, 2025Background
- Rafael José Torres Wever was injured when his motorcycle hit a large, water-filled pothole on Avenida John F. Kennedy in San Juan, Puerto Rico, at night.
- He suffered significant injuries, including a fractured elbow and a large scar, requiring surgery and sutures.
- Torres Wever filed a damages suit against the Commonwealth of Puerto Rico (ELA) for negligence in failing to maintain the public roadway.
- The trial court found ELA negligent, awarded $75,000 in damages (within statutory limits), and rejected comparative negligence or contributory fault on Torres Wever’s part.
- ELA appealed, arguing that Torres Wever's alcohol consumption before the accident should reduce or bar his recovery, and challenging the valuation of damages for the scar/injuries.
- The Appellate Court affirmed the trial court’s judgment.
Issues
| Issue | Torres Wever's Argument | ELA's Argument | Held |
|---|---|---|---|
| Whether ELA was negligent in road maintenance | ELA failed to maintain the road, causing injury | Road defects not solely ELA's fault; external factors | ELA negligent for not repairing/marking the pothole |
| Whether Torres Wever should bear comparative negligence due to alcohol consumption | No evidence of intoxication or impairment; only minimal consumption | Alcohol consumed implies negligence or impairment | No evidence Torres Wever was impaired or negligent; no reduction in damages |
| Whether the doctrine of assumption of risk applies | No anticipation of hidden road condition; risk not assumed | By driving after drinking, risk was voluntarily assumed | Doctrine did not apply; risk was not voluntarily assumed |
| Adequacy and justification of damages awarded | Amount supported by injuries, precedent, and evidence | Damages for the scar and mental anguish not properly substantiated; excessive | Damages were within limits and rationally supported by evidence and precedents |
Key Cases Cited
- Rivera Jiménez v. Garrido & Co., Inc., 134 DPR 840 (clarifies State's duty regarding public road maintenance and standard for liability)
- Dones Jiménez v. Puerto Rico Highways Authority, 130 DPR 116 (plaintiff must establish causal link between defect and harm; no need to prove State fault under certain statutes)
- Sagardía De Jesús v. Hosp. Aux. Mutuo, 177 DPR 484 (addresses the valuation of nonpecuniary damages and standards for appellate review)
- Trinidad v. Chade, 153 DPR 280 (testimony of a single credible witness is sufficient for fact-finding)
- Sáez v. Municipio de Ponce, 84 DPR 535 (violation of law/regulation alone does not establish liability; causation is required)