Pino-Betancourt v. Hospital Pavia Santurce
Pino-Betancourt v. Hospital Pavia Santurce
Opinion of the Court
MEMORANDUM AND ORDER
Before the Court is plaintiffs Beatriz Pino-Betancourt, Debra M. Pino-Betancourt, and Maria T. Betancourt’s unopposed motion to consolidate civil case numbers 11-1768 and 12-1326, (Civil No. 12-1326 at Docket No. 13; Civil No. 11-1768 at Docket No. 15). For the reasons discussed below, the Court GRANTS plaintiffs’ motion, consolidates the cases, but DISMISSES WITHOUT PREJUDICE any survivorship claim that the plaintiffs may have pled in Civil No. 11-1768.
I. CONSOLIDATION
Federal Rule of Civil Procedure 42(a) (“Rule 42(a)”) provides, in pertinent part, that “[i]f actions before the court involve a common question of law or fact, the court may ... (2) consolidate the actions.” Rule 42(a) is designed to encourage consolidation where common questions
Consolidation of Civil Nos. 11-1768 and 12-1326 is appropriate because the cases meet the Rule 42(a) requirement of common issues of law or fact, and consolidation would both reduce the litigation costs to the parties and serve judicial economy. The cases were filed by the family members of decedent Gerardo Pino and involve similar facts arising from a series of medical care visits by Mr. Pino to the San Juan Veterans Administration Hospital and Hospital Pavia Santurce in June and July 2009. Similar claims in each case exist due to the alleged negligent or tortious acts of the defendants, their physicians, and medical staff which caused the death of Gerardo Pino. Given the common issues of fact, consolidation will expedite discovery. Accordingly, the Court ORDERS that civil case numbers 11-1768(FAB) and 12-1326(FAB) be consolidated. The Court retains the power, however, to sever these cases at the trial stage if appropriate to avoid confusion of any issue. Moreover, pursuant to Fed. R.Civ.P. 39(c)(2), the Court retains its discretion to order the jury in civil case number 12-1326 to act in an advisory capacity on the issue of plaintiffs’ Federal Tort Claims Act claim. See 9 Charles Alan Wright & Arthur R. Miller, Federal Practice & Procedure § 2335, at 361 n. 20 (3rd ed. 2008). From this date forward, all documents filed in this action must be filed under case number 11-1768.
II. SUBJECT MATTER JURISDICTION OF PLAINTIFFS’ SURVIV-ORSHIP CLAIM
The Court’s analysis, however, does not stop there. Despite consolidating the cases,
This Court has previously held that “all heirs of a ‘sucesión’ must be named as parties to a federal suit based on diversity jurisdiction.” Cruz-Gascot v. HIMA-San Pablo Hosp., 728 F.Supp.2d 14, 26 (D.P.R. 2010) (Besosa, J.) (emphasis added). When a survivorship claim arising under article 1802 does not include all heirs of the estates, dismissal is warranted. See Cruz-Gascot, 728 F.Supp.2d at 19-31 (holding that plaintiffs strategic dismissal of non-diverse parties, who were heirs to a survivorship claim pursuant to article 1802, destroyed the federal court’s original subject matter jurisdiction).
In their August 5, 2011 complaint against defendant Hospital Pavia Santurce, only Beatriz and Debra Pino-Betancourt — Mr. Pino’s daughters, and thus heirs to his estate — were named as plaintiffs. (See Civil No. 11-1768 at Docket No. 1.) They alerted the Court, however, to the existence of a third member of Mr. Pino’s estate — Maria T. Betancourt, his widow
Ml heirs to an estate must be joined as parties to a survivorship lawsuit because “a ‘sucesión’ is not an entity distinct and separate from the persons composing it” and “does not have existence by itself as a juridical person or entity.” Id. at 19. As discussed above, jurisdiction in Civil No. 11-1768 “is grounded in diversity of citizenship, and the absence of a non-diverse, indispensable party to the survivorship claim is not a mere procedural defect. Rather, it destroys the district court’s original subject matter jurisdiction.” Cruz-Gascot, 728 F.Supp.2d at 31.
IT IS SO ORDERED.
. Consolidation is a procedural device that does not alter the character of separate suits. Gen. Contracting & Trading Co., LLC v. Interpole, Inc. 899 F.2d 109, 113 (1st Cir. 1990); see also Am. Postal Workers Union v. U.S. Postal Serv., 422 F.Supp.2d 240, 245 (D.D.C. 2006) ("[Cjonsolidation does not merge the two suits into a single cause or change the rights of the parties, or make those who are parties in one suit parties in another.”).
. Surviving family members have a cause of action for "the personal action of the original victim of the accident for the damages that the same suffered." Cruz-Gascot v. HIMA-San Pablo Hosp. Bayamon, 728 F.Supp.2d 14, 19 (D.P.R. 2010). The Court interprets as a survivorship cause of action plaintiffs’ claim that defendant Hospital Pavia Santurce is liable to them pursuant to article 1802 and 1803 for its acts and omissions which "directly caused and/or contributed to Mr. Pino’s damages and demise....” (Civil No. 11-1768 at Docket No. 1.)
. Pursuant to Puerto Rico law, a widow is an heir, because a surviving spouse is entitled to a hereditary portion of the deceased spouse’s estate called the "usufructo viudal.” Delgado v. Bowen, 651 F.Supp. 1320, 1322 (D.P.R. 1987) (Fuste, J.); P.R. Laws Ann. tit. 31, §§ 2411-2416; see also Luce & Co. v. Cianchini, 76 P.R.R 155, 162, 76 D.P.R. 165 (1954) ("[T]he widow’s usufructuary quota is the legal portion ... which the law reserves for the surviving spouse, who is a forced heir.”); Moreda v. Rosselli, 141 D.P.R. 674, 682 (1996) ("We have repeatedly held that the widowfer] spouse is a forced heir.”).
Reference
- Full Case Name
- Beatriz R. PINO-BETANCOURT v. HOSPITAL PAVIA SANTURCE, Defendant Maria T. Betancourt v. United States
- Cited By
- 11 cases
- Status
- Published