Mercado v. Porto Rican & American Insurance
Mercado v. Porto Rican & American Insurance
Opinion of the Court
delivered the opinion of the Court.
In a certificate issued by Dr. Luis Roberto Perea on the examination made by him on the young man Rafael Toro Mercado the same day of the occurrence of the accident which gave rise to this litigation the said physician set forth that he presented a lacerated wound one inch long on the chin, and also that “such wound is not serious and that there will be no resulting disfigurement or permanent disability.” At the trial held 18 months later plaintiff’s attorney asked the injured party to step over to the railing and to show to the
The evidence shows that after sustaining the accident the injured young man was taken to Clínica Perea, of Mayagiiez, where they satured the wound with two stitches. He was administered an injection and X rays were taken. The stitches were cut three or four days later and a bandage applied to cover the chin for about two weeks. He was absent from school two days.
We agreed to review the judgment awarding a $5,000 indemnity and $500 for attorney’s fees, as prayed for in the complaint. The only error assigned challenges the compensation as excessive.
The evaluation of the damages, especially for physical suffering and mental anguish, rests on the sound discretion of the trier, Santaella v. Licari, 83 P.R.R. 855 (1961), for the purpose of compensating the injured party, and in the absence of special circumstances, without the purpose of penalizing the wrongdoer, Rivera v. Rossi, 64 P.R.R. 683, 686 (1945). It is no easy task, for pain and suffer
In the case at bar the inescapable conclusion is that the indemnity awarded is clearly excessive. No disability or severe injuries are involved. A slight wound on the chin—so characteristic of childhood years—hardly perceptible and without further consequences. There is no privation of a vital part of the body or serious injuries. What is then the justification for such a disproportionate compensation?
Plaintiff young man was at a distance of 10 to 12 feet from the railing.
The facts for which defendant was held liable are summed up as follows in the findings of fact of the trial court: “On March 20, 1959, around noontime, minor Rafael Toro Mercado, aged 19, received injuries as he was riding his bicycle along Calle 11 de Agosto of Mayagiiez in a west-to-east direction and bumped into the door of an automobile which had just been parked on the right-hand side of the street and as Alfonso Acevedo, the chauffeur of the vehicle, was opening the left door to step out by the side of the vehicle on the center of the street.”
In some instances the compensations awarded have not been adequate and it has been necessary to increase them. Acosta v. Tió, 87 P.R.R. 248 (1963).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.