Torts Keyed to Epstein
Colmenares Vivas v. Sun Alliance Insurance Co
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Jose Colmenares Vivas (Husband) and his wife, Dilia Arreza de Colmenares (Wife), (Plaintiffs) arrived at the international airport in Puerto Rico. They took the escalator on their way to the Immigration and Customs checkpoint. Wife was riding on the escalator, holding on to the handrail one step above Husband. The handrail stopped but the steps continued moving. Wife lost her balance and Husband grabbed her from behind to prevent her fall. In doing so, Husband lost his balance and tumbled down the stairs of the escalator. Plaintiffs filed suit against Sun Alliance Insurance Company (Defendant), who is the liability insurance carrier for the airport’s owner and operator. Defendant brought a third-party action against Westinghouse Electric Corporation (Westinghouse) based on a maintenance contract. The trial court ruled there was no evidence that Defendant had been negligent and that the case could not go to the jury based on res ipsa loquitur because at least one of the require ments for its application, that the injury-causing instrumentality was within the exclusive control of Defendant, was not met.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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