Montalvo v. Gonzalez-Amparo, No. 08-1405
District court's dismissal of plaintiff's suit as time-barred, alleging malpractice by her deceased mother's medical care providers, is vacated and remanded where: 1) the date of accrual for plaintiff's personal claim was within the one-year statute of limitations; and 2) under 32 L.P.R.A. section 255, plaintiff is entitled to bring her mother's medical malpractice claim because it was brought within one year of her mother's death.
Read Montalvo v. Gonzalez-Amparo, No. 08-1405
Appeal from the United States District Court for the District of Puerto Rico
Decided November 16, 2009
Before: Lynch, Chief Judge, and Lipez and Leval, Circuit Judges
Opinion by Leval, Circuit Judge
For Appellant: Tania M. Pagan, The Pagan Law Firm, P.C.
For Appellee: Hector E. Ramírez-Carbo, Ramonita Dieppa Gonzalez and Vivas & Vivas Law Office
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.