Montalvo v. Gonzalez-Amparo, No. 08-1405 - - U.S. First Circuit
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Montalvo v. Gonzalez-Amparo, No. 08-1405

District court's dismissal of plaintiff's suit as time-barred, alleging malpractice by her deceased mother's medical care providers, is vacated and remanded where: 1) the date of accrual for plaintiff's personal claim was within the one-year statute of limitations; and 2) under 32 L.P.R.A. section 255, plaintiff is entitled to bring her mother's medical malpractice claim because it was brought within one year of her mother's death.   

Read Montalvo v. Gonzalez-Amparo, No. 08-1405

Appellate Information

Appeal from the United States District Court for the District of Puerto Rico

Decided November 16, 2009

Judges

Before:  Lynch, Chief Judge, and Lipez and Leval, Circuit Judges

Opinion by Leval, Circuit Judge

Counsel

For Appellant:  Tania M. Pagan, The Pagan Law Firm, P.C.

For Appellee:  Hector E. Ramírez-Carbo, Ramonita Dieppa Gonzalez and Vivas & Vivas Law Office