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Civil Procedure Keyed to Field
Ortega v. Star-Kist Foods, Inc.
Citation:
370 F.3d 124 (1st Cir. 2004)Facts
In April 1999, nine-year-old Beatriz Blanco-Ortega severely cut her right pinky finger while opening a can of Star-Kist tuna. The injury was deep, bled profusely, and severed tendons and nerves requiring immediate surgery under general anesthesia. Beatriz underwent painful physical therapy three times weekly for three months, continuing for eight months total while wearing a cast. The injury impaired her ability to write and paint in school and forced her to withdraw from a volleyball tournament. Despite successful surgery, she was diagnosed with three percent partial permanent impairment of her hand, with potential for worsening as she grows and possible need for future surgery. Her finger bears a small scar and is slightly bent. Beatriz, her parents, and her sister filed suit in federal court seeking damages, with Beatriz claiming over $900,000 and family members each claiming over $150,000 in emotional distress damages plus medical expenses.
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