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VAZQUEZ-FILIPPETTI v. BANCO POPULAR DE P.R.

Nos. 05-2372, 06-1432.

504 F.3d 43 (2007)

Yomar VÁZQUEZ-FILIPPETTI; Luz Filippetti-Pèrez; Marlyn Vázquez-Filippetti; Yohannie Vázquez-Filippetti, Plaintiffs, Appellees/Cross-Appellants, v. BANCO POPULAR DE PUERTO RICO; Federal Insurance Company, Defendants, Appellants/Cross-Appellees, José Toro-Rodríguez; Félix Toro-Rodríguez; Cooperativa de Seguros Múltiples; Cecilia Petitón-Garcia, Defendants/Cross-Appellees.

United States Court of Appeals, First Circuit.

Decided September 27, 2007.

Attorney(s) appearing for the Case

Stephen A. Cozen, with whom Elizabeth Chambers Bailey, Cozen & O'Connor, Luis G. Martinez-Llorens, Francisco J. Colon-Pagan, Colon, Colon & Martinez, P.S.C., Ivan M. Fernandez, and Law Office of Ivan M. Fernandez were on brief, for appellants/cross-appellees.

Jose Luis Ubarri-Garcia, with whom David W. Roman, Brown & Ubarri, Luis R. Mena-Ramos, and Luis R. Mena-Ramos Law Offices were on brief, for appellees/cross-appellants.

Vicente Santori Margarida for defendants/cross-appellees.

Ricardo L. Ortiz-Colon, Jose L. Ramirez-Coll, and Fiddler, Gonzalez & Rodriguez, P.S.C. on brief for amicus curiae.

Before LIPEZ, Circuit Judge, SELYA, Senior Circuit Judge, and DICLERICO, District Judge.

LIPEZ, Circuit Judge.

Yomar Vázquez-Filippetti lost her leg after being hit by a car, driven by José Toro-Rodriguez, while using an ATM machine. She sued the bank, on whose property her injury occurred, claiming that the design of its ATM facility was negligent. She also sued Toro (and his wife and insurance company) for his negligent driving. A jury found for Vázquez and awarded her nearly six million dollars...

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