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Conflict of Laws Keyed to Brilmayer
Rodriguez Diaz v. Sierra Martinez
Citation:
853 F.2d 1027 (1st. Cir. 1988)Facts
On November 21, 1984, Plaintiff, Wilfredo Rodriguez Diaz, was operating a motorcycle in Caguas, Puerto Rico, when he was hit by a car driven by Defendant, Marcelo Sierra Martinez. Wilfredo was taken to the Hospital Regional de Caguas, and then transferred to the co-Defendant, the Centro Medico, for emergency treatment. Wilfredo alleged that the treatment he received at the Centro Medico caused him to suffer a bone infection and aggravation of a leg injury. Wilfredo was later transferred to the co-Defendant, the Hospital General San Carlos, where he alleged he also received improper treatment. Wilfredo was transfered again to a hospital in New York City.
In his complaint, Wilfredo alleged that he was domiciled in New York: he intends to remain in New York and make it his permanent home. He turned 18 years old by the time he brought the present action. His parents were still residents and domiciliaries of Puerto Rico. The age of majority in Puerto Rico is 21 years old, while the age of majority in New York is 18 years old.
Wilfredo brought suit against Marcelo in the U.S. District Court for the District of Puerto Rico for negligence and medical malpractice. The district court dismissed Wilfredo’s complaint for lack of diversity jurisdiction, stating that under Puerto Rico law, Wilfredo was a minor and his domicile was that of his parents. Wilfredo appealed.
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