Carrasquillo v. Superior Court of Puerto Rico
Carrasquillo v. Superior Court of Puerto Rico
Opinion of the Court
delivered the opinion of the Court.
Petitioner Luis H. Carrasquillo alleged in the complaint in this case that on July 7, 1959, while driving his automobile on the Ponce-Santa Isabel road, he was negligently struck by a van owned by the firm D. Serra & Cía., which was insured by codefendant United States Casualty Co.; that the collision caused damages to his person and the total loss of his vehicle, thus creating a serious problem to him, since in
Defendants filed a motion to dismiss on the ground that the complaint does not state facts sufficient to constitute a cause of action. In its order of March 10, 1961, the trial court ruled that the motion is based on the fact that inter-veners are not real parties to the action because they are
Feeling aggrieved by said order, petitioner filed this petition for certiorari and to review the proceedings we issued the writ.
In support of his contention, petitioner alleges that the complaint presents three situations. One, in which there are three third-party claims, jointly; another, in which claims are made in the alternative; and another, in which claim is also made solidarily. Hence, according to his contention, Rule 18 on misjoinder of parties does not exactly govern the matter, but rather Rule 17.1 of the same Rules, entitled “Permissive Joinder of Parties,” which provides:
“Any number of persons may be joined in one action as plaintiffs or defendants if they assert or if there is asserted against them jointly, severally, or in the alternative, any right to relief in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all of them will arise in the action. A plaintiff or defendant need not be interested in obtaining or defending against all the relief demanded. Judgment may be given for one or more of the plaintiffs according to their respective rights to relief, and against one or more defendants according to their respective liabilities.
We agree with petitioner that interveners should not have been dropped as defendants under Rule 18 supra. The in-terveners were not joined, as claimed by the trial court, only as agents or representatives of the insurer, but because two causes of action are alleged against them founded on their own liability for Macias López’ acts and separately and independently of the insurer’s liability.
Therefore, the question for decision is whether the join-der of interveners is permissible under Rule 17.1, or whether the causes of action against the insurer should be separated from the cause of action against interveners, as provided in Rule 38,
In order that the joinder of parties may be proper under Rule 17.1, it is necessary to satisfy two requirements: in the first place, to assert against them any right or relief in respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and, in the second place, a question of fact or of law common to all of them should arise in the action. It is not necessary that defendant be interested in defending himself against all the relief demanded. The rule also provides that judgment may be given for one or more defendants according to their respective liabilities.
Since this is a case of joinder of claims against several defendants, it is well to point out that this may be done under Rule 14.1
There is a difference of criterion as to whether the phrase all of them in the clause “if any question of law or fact common to all of them will arise in the action” (italics ours) appearing in our Rule 17.1 supra refers to claims or to persons. Textwriters of renown such as Professor Moore are of the opinion that all of them in this case refers to claims and not to persons—3 Moore, Federal Practice 1811, § 18.04 (3) (2d ed. 1948). This theory is based on the decision in Federal Housing Administrator v. Christianson, 26 F. Supp. 419 (Conn. 1939), in which it was held that there was mis-joinder of parties in a cause of action against three defendants upon a promissory note and against two of said defendants upon another promissory note because, said the court, “clearly there is no common question of fact involved here. For each note necessarily involves separate questions of fact. Nor. . . is there here involved a common question of law. For under the first count the only questions of law relate to the liability of the three defendants upon the first note and under the second count the only questions of law relate to the liability of the two defendants upon the second note.” We agree with Professor Wright
In United States Fidelity and Guaranty Co. v. Ditoro, 206 F. Supp. 528 (Pa. 1962), an action on behalf of a minor was filed against two physicians and a hospital claiming damages for injuries due to negligence in the medical and surgical treatment of the minor. One of the physicians referred the complaint together with the summons to the insurance company with which he carried a professional liability policy. The company brought an action seeking a declaratory judgment declaring that it was not liable under the policy because the physician failed to comply with the notice conditions stipulated therein, and requested that the proceedings in said action for damages be stayed until final determination in this case. The other physician moved to dismiss as to him the declaratory judgment action because he was not a party to the insurance contract. It was concluded that the second physician had a material interest in the action, since if concurrent judgment is obtained against both and the second is required to satisfy the same, he would be injured to the same extent as the other, and in addition, because under Rule 20 of the Federal Rules, counterpart of our Rule 17.1, he has an interest since there is asserted against him and others a right to relief presenting common questions of law and fact and arising out of the same transaction.
In Allen v. United Mine Workers of America, 30 F.R.D. 41 (D.C. Tenn. 1962), plaintiffs moved to consolidate for joint trial two cases under Rule 42. In one case four plaintiffs were engaged in hauling coal from the Kennedy project and in the other plaintiff was a coal operator. Each of these cases was based on a violation of § 303 of the Taft-
In Rekeweg v. Federal Mutual Insurance Co., 27 F.R.D. 431 (D.C. Ind. 1961), an action of damages on behalf of a minor was brought against an insurance company and its agent for fraud in inducing postponement of a claim for injuries caused to the minor by a truck owned by a third person insured with that company until the claim prescribed. A claim was also joined against the attorney employed by the minor’s father to prosecute the case for his negligence in failing to timely file the same. Defendants for alleged fraud as well as defendant for alleged negligence moved to separate the causes of action. The court denied both motions holding that this case comes squarely within the provisions of Rule 20 of the Federal Rules of Civil Procedure on permissive joinder of parties.
In Poster v. Central Gulf Steamship Corp., 25 F.R.D. 18 (D.C. Pa. 1960), a seaman filed a civil action against two steamship companies. The companies filed motions to dismiss or to separate the actions. It was alleged that plaintiff worked in a steamship of one of the companies in the fall of 1957; that in the Suez Canal area several natives were permitted to board the ship and that plaintiff contracted ame-
In Music Merchants v. Capitol Records, supra, a complaint was filed against four corporations alleging five causes of action. The first, directed against Capitol Records, Inc. and its subsidiary Capitol Distributing Corp., alleged that defendants had conspired with each other to restrain trade and to fix the prices of phonograph records; the second contained the same allegations against Decca Records, Inc. and its subsidiary Decca Distributing Corp.; and the third alleged that the facts alleged in the other two had been the result of an agreement among the four defendants the effect of which was to restrain trade. By reason of the facts complained of in these three causes of action, plaintiff claimed that it had been damaged in the amount of $200,000. The fourth and fifth causes of action alleged that defendants Capitol Records Distributing and Decca Distributing had discriminated against plaintiff by selling at lower prices, and by giving greater discounts, rebates and return privileges.
It was held that under Rule 20 of the Federal Rules of Civil Procedure, the joinder of the first three causes of action against the four defendants was permissible, since there was asserted against them a right to relief “in respect of or arising out of the same . . . series of transactions or occurrences,” namely, arising out of an alleged conspiracy by and among
In Garrou v. Teaneck Tryon Co., 94 A.2d 332 (N.J. 1953), it was held that joinder of claim for injunctive relief against private defendants violating zoning ordinance with claim for relief in lieu of mandamus to compel municipal officials to enforce such ordinance, was proper under a rule of procedure similar to our Rule 17.1. The Supreme Court of the State of New Jersey held that the joinder of these claims, in appropriate circumstances such as those presented in the instant matter, is well within the farsighted provisions of the rules and will serve the ends of sound judicial administration by curbing the inconvenience, delay and expense incident to independent trials.
In Hopper v. Lennen & Mitchell, 52 F. Supp. 319 (Cal. 1943), four causes of action were alleged in a complaint filed against two defendants, based on anticipatory breach of two contracts. Only the acts of one defendant were complained
Lastly, Bailey v. Zlotnick, 133 F.2d 35 (C.A.D.C. 1942), involved a claim for injuries sustained by a lessee by plaster falling from the ceiling of the kitchen. The lessor owner of the property, his agent in charge of renting the property, and the contractor who installed a new hot water heating system in the building and turned water the day before the accident, were joined as defendants. It was held that the joinder of principal and agent under Rule 20 of the Rules of Civil Procedure, counterpart of our Rule 17, where principal’s liability is predicated solely upon agency, was proper.
In the instant case the right to relief against all defendants arises out of a single occurrence, the accident in which petitioner was injured, and there are questions of fact and of law common to all defendants, to wit: the release document signed by plaintiff, the surrounding circumstances of the signature, and its effectiveness in law against all defendants. The fact that there is variation in the relief sought against each defendant or that reliefs in the alternative have been sought, is no bar to joinder of parties under our Rule 17.1 supra, as it was not in Reketoeg, supra, in which as a result of an accident the insurance company and its agent were sued under the theory of fraud and an attorney for negligence in failing to timely file proper action. In the latter case the court concluded that the joinder of defend
For the reasons stated, the order of the trial court of March 10, 1961 will be reversed and the case remanded for further proceedings not inconsistent with the terms of this opinion.
On the extraeontractual liability of agents or representatives of insurance companies by reason of promises made to insureds, see the recent case of Jackson v. Kemp, decided by the Supreme Court of Tennessee on February 7, 1963 and which appears in 31 U.S.L. Week 2417.
Rule 18 of the Rules of Civil Procedure provides:
“Nonjoinder or misjoinder of parties is not ground for dismissal of an action. Any party may be added or dropped by order of the court, of its own initiative or on motion of any party, at any state of the action and on such terms as are just. Any claim against a party may be severed and proceeded with separately.”
Rule 38 of the Rules of Civil Procedure provides:
“38.1—When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.
“38.2—The court, in furtherance of convenience or to avoid prejudice, may order a separate trial of any claim, cross-claim, counter*633 claim, or third-party claim, or of any separate issue or of any number of claims, cross-claims, counterclaims, third-party claims, or issues, and it may enter judgment in accordance with the terms of Rule 44.2.”
Rule 14.1 provides as follows:
“The plaintiff in his complaint or in a reply setting forth a counterclaim, and the defendant in an answer setting forth a counterclaim, may join either as independent or as alternate claims as many claims*634 as he may have against an opposing party. There may be a lik« joinder of claims when there are multiple parties if the requirements of Rules 16, 17, and 19 are satisfied. There may be a like joinder of cross-claims or third-party claims if the requirements of Rules 11 and 12 respectively are satisfied.”
Joinder of Claims and Parties, 36 Minn. L. Rev. 580, 600-11.
Barron and Holtzoff, supra, at 196-202, ⅜ 533.1.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.