RIVERA CONCEPCION v. PEPSI COLA OF PUERTO RICO

No. CIV. 99-859(GG).

288 F.Supp.2d 167 (2003)

Jose D. RIVERA CONCEPCION and Darmaris Adorno Davila, on behalf of the minor Valerie Rivera Adorno Plaintiff v. PEPSI COLA OF PUERTO RICO, et als. Defendants

United States District Court, D. Puerto Rico.

October 10, 2003.


Attorney(s) appearing for the Case

Jose F. Quetglas, San Juan, PR, for Plaintiff.

Harold D. Vicente-Gonzalez, Vicente & Cuebas, Francisco E. Colon-Ramirez, Colon, Colon & Martinez, Jose G. Barea-Fernandez, Correa, Collazo, Herrero, Jimenez, San Juan, PR, for Defendants.


OPINION AND ORDER

GIERBOLINI, District Judge.

A horrible automobile accident occurred several years ago and we must now determine whether a claimant, who had not been born nor even conceived at the time of the negligent act, is entitled to recover damages under Article 1802 of the Puerto Rico Civil Code. In so deciding, we must determine whether vel non under Puerto Rico law there is a duty not to harm...

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