Parrilla García v. Water Resources Authority
Parrilla García v. Water Resources Authority
Opinion of the Court
delivered the opinion of the Court. ■
The Water Resources Authority was sued as a result of two accidents which occurred on September 28, 1961. In one, an employee of the Puerto Rico Communications Authority sustained injuries while repairing some telegraph lines in the city of Ponce. In the other, an employee of the Puerto Rico Telephone Company was electrocuted when climbing a pole to repair some telephone lines.at kilometer 18 of the Ponce-Adjuntas road. The communication lines (the telegraph line and the telephone-.line) conducted the electric power which caused .the accidents when some high-tension wires .of the Water Resources Authority -came in contact with the former in the outskirts of the, town of Adjuntas. At that place the electric lines crossed the communication lines.
In deciding this controversy the trial court concluded that the owner of the land was not liable, but that the firm in charge of leveling the land was bound to pay to the Water Resources Authority “a sum of money equivalent to thirty (30) percent of the total sum which the latter is or may be bound to pay to plaintiffs in these cases, including the sum awarded for attorney’s fees, costs, and legal interest up to the day of payment.” It based this judgment on its determination that “the conduct of the employees of Luis
At plaintiffs’ request, the two cases (consolidated) against the Water Resources Authority and that of the third-party complaint were heard separately before the trial court. Two separate judgments were rendered. Three petitions for review were interposed against these two judgments. One, to review the judgment in the case against the Water Resources Authority and to review the judgment entered in the case of the third-party complaint, both parties petitioned for a writ of review. The three writs requested were issued, after which we decided to consolidate them. We shall dispose of them as if it were only one petition.
The Authority maintains that the only one responsible is the third-party defendant, and the latter that the Authority is the only one liable. Both challenge the amount of indemnity awarded.
The trial court, we have seen, held that the Water Resources Authority was liable on the ground that, “knowing of the extremely hazardous condition created by the proximity of its high-voltage lines which crossed those of the Puerto Rico Communications Authority and of the Puerto Rico Telephone Co., did nothing to correct the condition and avoid the accidents until after their occurrence.” It based the third-
The imposition of liability on the third-party defendant on the grounds set forth in the judgment appealed from is evidently incorrect. The fact that it had knowledge of the hazard involved if the electric power lines should come in contact with the communication lines did not make it the duty of the latter to correct the existing situation. The electric lines were not under its control. They were under the exclusive control of the Water Resources Authority. It is fitting to examine the evidence in order to determine who should be held liable for the occurrence, since the trial court based its conclusion solely on the fact that both the defendant and the third-party defendant had knowledge of the existing hazardous condition created by the proximity of the electric lines to the communication lines and did nothing to correct it. But the fact is that the accident was not due to the existing hazardous condition owing to the proximity of the lines, but to the evident fact that on the day of the accident the electric lines came in contact with the telegraph and telephone lines. What was the cause for their coming in contact? Who is responsible for that fact? Let us examine the evidence. On July 10, 1961, Antongiorgi, a Water Resources Authority supervisor, visited the place where the third-party defendant was removing the land. There he spoke with Pietri, supervisor of the works. Pietri showed him the two poles which it was necessary to relocate and explained to him the existing condition respecting the electric and the communication lines. He told him about the proximity of
How did the situation of the land where the pole was standing change after the conversation between Pietri and Antongiorgi? There is nothing in the evidence to establish that the lines came in contact as a result of the breakage of one of the crossarms which supported the electric lines. Let us examine Pietri’s testimony. He was asked whether the land is “in the same condition as it was when you and Antongiorgi visited the place.” He answered to this question, “well, perhaps not in the same condition because the erosion varies, as well as the topography of the land.” In answer to the question whether he had observed the mound where the pole was standing on September 29, the day after the accident, he said that he observed it closely. Then he was asked, “Had not that mound become smaller carrying the pole on its way?,” and he answered “It had changed somewhat.” Upon insisting on the question, he answered “The mound is practically rock and one could see that it had changed somewhat.” Then he was asked whether it had changed, and he answered “Simply thére had occurred a slide: Yes, sir, it slid downward ... it slid somewhat to one side.” He asserted what the trial court determined, that he left a mound approximately five meters in diameter. The defense attorney then said to him, “What I wish to say is that you left five meters because you figured that it was safe, but that after-wards the mound was displaced downward and sideward.”
The evidence presented clearly showed that the electric lines came in contact with the communication lines as a result of the work which was being performed by Rivera Construction. The displacement of the pole as a result of the work being performed on the land was the cause of the contact. Admitting that the electric and the communication lines were at a short distance from each other, the accident would not have occurred except for the intervening act of Rivera Construction causing the displacement of the pole.
As we stated in Ginés v. Aqueduct and Sewer Authority, 86 P.R.R. 490 (1962), “a new unforeseeable force breaks the chain of causality.” The Water Resources Authority had the right to expect that Rivera Construction would not continue working around the pole. The project, as stated before, had not yet been approved by the competent agencies. The voluntary act of Rivera Construction intervened between the Authority’s negligent conduct and the damage sustained by plaintiffs.
In view of the foregoing, the judgment rendered in the case against the Water Resources Authority should be reversed and, consequently, the judgment rendered in the case brought by the Water Resources Authority against Rivera
The Rule did not provide the manner for asserting such claim.
The purpose of Rule 12.1 as well as of all the Rules of Civil Procedure, both of 1943 and of 1958, is to simplify and expedite the proceedings in order to dispense speedy and less costly justice within the resources of all persons. Rule 1 expressly provides that “they shall be construed to secure the just, speedy, and inexpensive determination of every action.”
“A theory that does not require a formal amendment of the complaint [by plaintiff] as the exclusive method of asserting a claim against the third party defendant is a realistic answer to the puzzle. Procedure tenets should not be feeble pawns, dominated by a formula that must be followed to the letter. A burdensome system of procedure only tends to wage war on the true goal of the lawsuit.”
The corresponding rule of the Federal Rules of Civil Procedure has been thus construed. Falls Industries, Inc. v. Consolidated Chem. Indus., Inc., 258 F.2d 277 (5th Cir. 1958); Patton v. Baltimore & O. R. Co., 197 F.2d 732 (3d Cir. 1952); Barron and Holtzoff, § 426, n. 62, p. 98 (Supp. 1964).
We thus construed it. in Viñas v. Pueblo Supermarket, 86 P.R.R. 31 (1962). In reversing the judgment appealed from, we rendered another for plaintiff and against the third-party defendant notwithstanding the complaint had not been amended in order to join him as a defendant, since the latter “answered not only the third-party complaint but also set up allegations against the original com
However, in the present case plaintiff requested that the hearing of the cases against the Water Resources Authority be held separately from the action brought by defendant against the third-party defendant. The court granted it.
Since the hearings of the eases were held separately, the third-party defendant did not have an opportunity to challenge plaintiff’s evidence holding him liable. Thus, although the evidence presented in the first case establishes the liability of Rivera Construction, the fact is that the latter was not a party in that litigation, not having therefore an opportunity to defend itself. This precludes us from rendering judgment against the third-party defendant and in favor of plaintiff. The disposition which we have made of these cases does not prejudge at all the question whether plaintiffs may at this time file a complaint against Rivera Construction Co. See De Sisto v. City of Linden, 193 A.2d 870 (N.J. 1963); Holmes v. Capital Transit Company, 148 A.2d 788 (Munic. Ct. App. D.C. 1959); 3 Moore, Federal Practice 611, § 14.16 (2d ed. 1964); 1A Barron & Holtzoff, op. dt. at 703, § 427.
The judgments rendered by the Superior Court, Ponce Part, on August 23, 1963 and September 12, 1963, in cases CS-62-1365 and CS-62-1854, will be reversed.
Rule 1Y.2 of the Rules of Civil Procedure provides:
“The court may make such orders as will prevent a party from being embarrassed, delayed, or put to expense by the inclusion of a party against whom he asserts no claim and who asserts no claim against him, and may order separate trials or make other orders to prevent delay or prejudice; and it may render judgment on a claim of or against one or more parties according to the terms of Rule 44.2.”
The trial of the original complaint was set for September 20. The third-party complaint had been filed by that date.
The dates refer to the ease of Cándida Rodríguez which is the most important of the two cases filed against the Water Resources Authority.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.