Skip to main content

Are you a legal professional? Visit our professional site

Search for legal issues
For help near (city, ZIP code or county)
Please enter a legal issue and/or a location

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

Article Placeholder Image
By FindLaw Staff on November 16, 2009 2:20 PM

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


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

Opinion by Leval, Circuit Judge


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

Find a Lawyer

More Options