AK Mara Del Rosario Ortega, et al., Petitioners, v. StarKist Foods, Inc.

This year our casebook included excerpts from Exxon Mobil Corporation v. Allapattah Services, Inc. in which the United States Supreme Court granted certiorari in order to resolve a split in the circuits regarding the amount-in-controversy requirement for supplemental jurisdiction in diversity cases. Pages 908-909 briefly addressed a conflicting case, Rosario Ortega v. Star-Kist Foods, Inc., which concerned a 9 year old girl in the United States District Court for the District of Puerto Rico seeking damages for slicing her finger on a tuna can. Her family attempted to join in the suit, seeking damages for emotional distress and medical expenses, but did not independently meet the minimum amount-in-controversy requirement.

For this assignment, I will be contextualizing (1) the Puerto Rico District Court, and (2) the tuna can injury that made it all the way to the United States Supreme Court.

Puerto Rico District Court In 1966, Congress conferred life tenure on the federal judges of Puerto Rico, transforming the Puerto Rican federal court into an Article III district court, unlike other territories that retain Article IV status.1 The District Court for the District of Puerto Rico is presently located in San Juan, Puerto Rico.2 Appeals from this court are reviewed by the First

1 2

https://en.wikipedia.org/wiki/United_States_District_Court_for_the_District_of_Puerto_Rico http://www.justia.com/us-states/puerto-rico/courts/district_court/main-office.html

Circuit, which is headquartered in Boston, Massachusetts, but sits for oral arguments in Puerto Rico for one week each year.3 There are currently six active judges and four senior judges in the Puerto Rico District Court. The trial judge that addressed the Starkist case was Salvador E. Casellas. Although he is a San Juan native, Casellas studied at Georgetown University, the University of Puerto Rico Law School, and ultimately received an LL.M. from Harvard Law. In 1994, Casellas was nominated by President Bill Clinton to a seat on the Puerto Rico District Court. In 2005, he assumed senior status.4 (Fun fact: Senior judges get to keep their offices and receive the full salary of a judge but are no longer required to perform judicial duties.5) Despite the fact nearly everyones native language in Puerto Rico is Spanish, all of the proceedings in the Puerto Rico District Court are mandatorily conducted in English.6 In response to Senate Bill 711 proposing that the court conduct its proceedings in Spanish, the trial judges claimed [t]he financial and practical burdens do not justify any modifications to the present system.7 As a result, jury members are screened for English-proficiency.8 Accordingly, a common criticism is that juries do not adequately represent the Puerto Rican community in violation of the Due Process Clause of the Fourteenth Amendment.9 Regardless, tort plaintiffs retain an incentive to sue in federal court in the hope of acquiring larger judgments because civil jury trials are unavailable in the local courts of Puerto Rico.10

3 4

http://www.ca1.uscourts.gov/?content=calendar.htm http://www.prd.uscourts.gov/?q=node/212 5 28 USC 294, 371 6 http://www.prd.uscourts.gov/sites/default/files/documents/94/Local_Rules_amended_as_of_Sept_2_2010_ with_TOC.pdf 7 http://www.puertoricoreport.org/wp-content/uploads/2012/03/Tab_39_USDistCt-PR_Jun301989.pdf 8 http://www.prd.uscourts.gov/?q=jury-service-information 9 http://aliciapousada.weebly.com/uploads/1/0/0/2/10020146/publication_form_of_english_in_federal_courts_ of_pr.pdf 10 Rosario Ortega v. Star-Kist Foods, Inc., 370 F.3d 124 (2004)

The Tuna Can Injury The original tort action filed in the Puerto Rico District Court was for products liability arising out of a defective Star Kist tuna can. The main plaintiff was Beatriz Blanco, a 9 year old, who cut her pinky finger on the sharp lid of the can while having lunch at school. Bleeding profusely, she was taken to the nurses office. The nurse tried to stop the bleeding, cleaned the wound, and called a paramedic who worked at the school. The wound was inch deep, inch long, and bled for 30 minutes. Beatriz lost sensation and could no longer move her pinky. The school subsequently called Beatrizs mother, Mara del Rosario Ortega, who drove her to the ER. The doctor told them that the fingers tendons and nerves were severed. The next day, a hand specialist performed surgery on Beatrizs hand under endotracheal anesthesia, which caused her to vomit considerably during recovery. After her release, she could no longer write or paint at school and had to drop out of a volleyball tournament. She also endured eight months of painful physical therapy, after which she was informed her finger deformity may get worse as she grows, requiring reconstructive surgery to improve her range of motion. Additionally, her risk for developing degenerative joint disease was increased as a result of the injury. In the complaint, the Ortegas alleged damages in the following amounts: Beatriz: $500,000 for physical damages; $400,000 for emotional damages. Mara: $29,927.07 for present and future medical expenses; $250,000 for mental anguish. Sergio Blanco (biological father): $175,000 for emotional damages. Patricia Blanco (older sister): $150,000 for emotional damages. Starkist moved for summary judgment, alleging that it was a legal certainty that the plaintiffs were entitled to less than $75,000 for their claims. The district court agreed and

dismissed all of the plaintiffs claims without prejudice.11 The First Circuit reversed, concluding that Beatriz could potentially recover a jury award larger than $75,000, but affirmed with regard to Beatrizs family members. They noted Beatriz may elect to proceed alone in federal court or, if she wishes, voluntarily dismiss her complaint so that she and her family may re-file in the Puerto Rico courts.12 The following year, however, the United States Supreme Court granted the family supplemental jurisdiction.13 An online search does not reveal any subsequent documents to determine whether Ortega ever had her day in court. According to Beatrizs deposition, however, none of her activities have been permanently limited because of the injury. She even stated that her finger feels normal.14

11 12

Rosario Ortega v. Star-Kist Foods, Inc., 213 F.Supp.2d 84 (2002) Rosario Ortega v. Star-Kist Foods, Inc., 370 F.3d 124 (2004) 13 Exxon Mobil Corp. v. Allapattah Services, Inc., 545 U.S. 546 (2005) 14 Rosario Ortega v. Star-Kist Foods, Inc., 213 F.Supp.2d 84 (2002)