VARGAS-RUIZ v. GOLDEN ARCH DEVELOPMENT

No. 03-2225.

368 F.3d 1 (2004)

Armando E. VARGAS-RUIZ, Plaintiff, Appellant, v. GOLDEN ARCH DEVELOPMENT, INC., (McDonald's System de Puerto Rico, Inc.), Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided May 10, 2004.


Attorney(s) appearing for the Case

Jaime-Albizu Lamboy-Riley, with whom Díaz, Lamboy & Asociados was on brief, for appellant.

Myriam Y. Fernández-González, with whom Carlos A. García Pérez and Goldman, Antonetti & Cordova, PSC were on brief, for appellee.

Before SELYA, Circuit Judge, GIBSON, Senior Circuit Judge, and HOWARD, Circuit Judge.


SELYA, Circuit Judge.

In this diversity case, a customer who sustained injuries when he ordered his milk cold but received it hot, brought a civil action against the restauranteur for negligence under Article 1802 of the Puerto Rico Civil Code, 31 P.R. Laws Ann. § 5141. In due course, the defendant moved to dismiss on the ground that the plaintiff had sued too late. The district court converted the motion to one for summary...

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