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BETANCOURT v. J. C. PENNEY CO., INC.

No. 75-1448.

554 F.2d 1206 (1977)

Dora IRIS BETANCOURT et al., Plaintiffs, Appellees, v. J. C. PENNEY CO., INC., et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided May 18, 1977.

Attorney(s) appearing for the Case

Oronte Oliveras Sifre, San Juan, P.R., with whom Agrait, Otero, Oliveras & Collazo, San Juan, P.R., was on brief, for defendants, appellants.

Sigfredo A. Irizarry, San Juan, P.R., for plaintiffs, appellees.

Before COFFIN, Chief Judge, INGRAHAM, and CAMPBELL, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

On November 3, 1973, the plaintiff-appellee, Mrs. Dora Betancourt, was struck on the right shoulder when an automobile tire fell from a rack in the automotive section of the J. C. Penney store in Hato Rey, San Juan, Puerto Rico. Personally and for her four minor children she brought this negligence action in the District Court for the District of Puerto Rico. A jury awarded Mrs. Betancourt $60,000 damages, and also awarded $15,000...

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