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ROSARIO ORTEGA v. STAR-KIST FOODS, INC.

No. 02-2530.

370 F.3d 124 (2004)

Maria Del ROSARIO ORTEGA; Sergio Blanco, by themselves and representing minors Beatriz Blanco-Ortega and Patrizia Blanco-Ortega, Plaintiffs, Appellants, v. STAR-KIST FOODS, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided June 2, 2004.

Attorney(s) appearing for the Case

Freddie Pérez-González, with whom Juan J. Martínez-Rodríguez and Freddie Pérez-González & Assoc., P.S.C. were on brief, for appellants.

David C. Indiano, with whom Alexander H. Bopp and Indiano & Williams, P.S.C. were on brief, for appellee.

Before BOUDIN, Chief Judge, TORRUELLA and LYNCH, Circuit Judges.

LYNCH, Circuit Judge.

In April 1999, Beatriz Blanco-Ortega, then nine years old, cut her right pinky finger on a can of Star-Kist tuna. That is not normally the stuff of lawsuits in federal court, but her injuries were more than trivial and led to surgery, the prospect of future surgery, and minor permanent disability and scarring. Beatriz, along with her parents and sister, sued in federal court, asserting diversity jurisdiction. 28 U.S.C. § 1332. The claims...

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