OCASIO RUIZ et al v. IMC CARIBE et al Complaint

8/6/2019 OCASIO RUIZ et al v. IMC CARIBE et al Complaint

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IN THE UNITED STATES DISTRICT COURTFOR DISTRICT OF PUERTO RICO

RAMONITA OCASIO RUIZ, IVONNE M.LOPEZ OCASIO

Plaintiffs

v.

IMC CARIBE/AIRPORT AVIATIONSERVICES INC., US AIRWAYS,AUTORIDAD DE LOS PUERTOS DELESTADO LIBRE ASOCIADO DE PUERTORICO, SECRETARIO DE JUSTICIA, ACEINSURANCE COMPANY, PROPERTY &CASUALTY INS. CO., MARISET COLONAND THE LEGAL CONJUGALPARTNERSHIP COMPRISED WITH HER HUSBAND JOHN DOE, RUDYVELAZQUEZ AND THE LEGALCONJUGAL PARTNERSHIP COMPRISEDWITH HIS WIFE JANE ROE, COMPANYXYZ, INSURANCE COMPANY ABC,JOHN DOE Y JANE ROE

Defendants

Civil No.

FOR: DAMAGES

PLAINTIFFS DEMANDTRIAL BY JURY

COMPLAINT

TO THE HONORABLE COURT:

Come now, Plaintiffs RAMONITA OCASIO RUIZ, IVONNE M. LOPEZ OCASIO, by th

undersigned attorney and respectfully allege and pray:

JURISDICTION AND VENUE 1. This Court has jurisdiction of this action under 28 U.S.C. 1332 for diversity of citiz

because the amount in controversy exceeds the sum of $75,000.00 Dollars.

2. Venue is proper in this district under 28 U.S.C., 1391 and 1400(a).

Case 3:11-cv-01516-JAG Document 1 Filed 06/03/11 Page 1 of 14


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PARTIES 1. Plaintiff RAMONITA OCASIO RUIZ is an individual of legal age, single and resid

229 Avenue A, Apt 211 Rochester, New York 14605.

2. Plaintiff, IVONNE M. LOPEZ OCASIO, is an individual of legal age, divorced, da

of plaintiff Ramonita Ocasio and resident of 17673 Jamestown Way, Apt. D, Lutz, F

33558.

3. Upon information and belief, Defendant IMC CARIBE / AIRPORT AVIAT

SERVICES INC. is a corporation incorporated under the laws of Puerto Rico, Re

#29070 111, and during all times herein mentioned was authorized to operate at th

Juan Luis Muoz Marn International Airport.

4. Upon information and belief, Defendant US AIRWAYS is a corporation tha

incorporated under the laws of Arizona, having its principal place of business in Arand during all times herein mentioned was authorized to operate at the San Juan

Muoz Marn Airport.

5. Defendant, the government of the ESTADO LIBRE ASOCIADO DE PUERTO RIC

the capacity to sue and be sued, and jointly liable for tortious acts committed b

agencies and dependencies.

6. Upon information and belief, Defendant AUTORIDAD DE LOS PUERTOS

government agency of codefendant ESTADO LIBRE ASOCIADO DE PUERTO



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and during all times herein mentioned, was the entity in charge of supervising operat

the San Juan Luis Muoz Marn International Airport.

7. Upon information and belief, Defendant ACE PROPERTY & CASUALTY INSURA

COMPANY, INC. is a corporation and/or legal entity organized and existing unde

Laws of the state of Puerto Rico or one of the United States, and during all times

mentioned, was authorized to do business in Puerto Rico, having issued an insu

company in favor of one or more of the codefendants in this case.

8. Upon information and belief, defendant MARISET COLON is a person, married, o

age, resident of Puerto Rico, with a Legal Conjugal Partnership with her husband

Doe, who at all times alleged here in the complaint was an employee of defendant A

Aviation Services.

9. Upon information and belief, defendant RUDY VELZQUEZ is a person, marri

legal age, resident of Puerto Rico, with a Legal Conjugal Partnership with his wife

Roe, who at all times alleged here in the complaint was an employee of defendant AAviation Services.

10. Upon information and belief, Defendant COMPANY XYZ is the fictitious name

corporation and/or legal entity organized and existing under the Laws of the state of

Rico or one of the United States, and during all times herein mentioned, was authori

do business in Puerto Rico, and jointly liable to plaintiffs for its own negligen

vicariously for the negligent acts of other codefendants, or for its breach of duty o

whose names and identities are unknown at this moment, but as soon as these nam

obtained through discovery the complaint will be amended in accordance with F

rules and Local District Rules.



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11. Upon information and belief, Defendant INSURANCE COMPANY, ABC is the fict

name of a corporation and/or legal entity organized and existing under the Laws

state of Puerto Rico or one of the United States, and during all times herein mentione

authorized to do business in Puerto Rico, having issued an insurance company in fa

one or more of the codefendants in this case, whose names and identities are unkno

this moment, but as soon as these names are obtained through discovery the complai

be amended in accordance with Federal rules and Local District Rules.

12. Upon information and belief, Defendant JOHN DOE Y JANE ROE are the fictitious

of any person that during all times herein mentioned, was jointly liable to plaintiftheir own negligence or vicariously for the negligent acts of other codefendants, or fo

breach of duty of care whose names and identities are unknown at this moment, but a

as these names are obtained through discovery the complaint will be amende

accordance with Federal rules and Local District Rules.

FACTUAL ALLEGATIONS 13. On June 4, 2010, Plaintiff Ramonita Ocasio Ruiz (hereafter Mrs. Ocasio) arrived in

Rico from Rochester, NY, on US Airways flight 1568, Ticket #CYN4Y0 in order to

the graduation of her grandson.

14. Mrs. Ocasio is a diabetic whose health condition and advanced age qualifies he

special needs traveler who normally uses a cane to walk and requires the use of a

chair at airports.

15. After arriving at Lus Muoz Marn International Airport, Mrs. Ocasio was wheeled

the US Airways aircraft on a wheelchair by a US Airways crew member, who later h

the plaintiff board a golf cart that was waiting at the gate entrance to the aircraft.



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16. Mrs. Ocasio was transported on the Golf Cart towards the baggage area when she w

by Airport Aviation Services, Inc. employee Ms. Mariset Coln (hereafter Ms. Coln

17. Plaintiff Mrs. Ocasio had no choice in the matter of who was to help her exit the ter

and meet with her family.

18. Ms. Coln helps Mrs. Ocasio exit the golf cart and onto a wheel chair and proceeds t

the wheelchair until arriving at a revolving door that exited the terminals gate

accesses the airport baggage area.

19. On the other side of the revolving door waited Mr. Rudy Velzquez (hereafter

Velzquez), another Airport Aviation Services employee.

20. The revolving door was rotating on its own at a considerable speed.

21. Ms. Coln then instructs Mrs. Ocasio to stand up from the wheelchair, and walk th

the revolving door without any assistance whatsoever and without the benefit of her c

22. Almost immediately upon entering the rotating door, Mrs. Ocasio was struck by one

spokes or panels, causing her to fall inside the rotating door.

23. After the impact, Mrs. Ocasio reached for a hand hold or something to hold on to to a

fall but nothing was present. She fell to the floor. The door kept rotating with Mrs. O

24. Ms. Coln then abruptly and forcefully grabbed Mrs. Ocasio and lifted her on he

asking if Ms. Coln was all right and advising her to go home and apply some Be

cream on her wounds.

25. Only now, after the fall, does Ms. Coln help Mrs. Ocasio through the rotating door

other side, handing the plaintiff over to Mr. Velzquez.



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26. Ms. Coln failed to inform Mr. Velzquez that Mrs. Ocasio had been struck by the

and consequently fallen to the ground.

27. Mrs. Ocasio informed Mr. Velzquez that she was suffering great pain, and whe

began explaining how she was truck by the door, Ms. Coln suddenly interrupt

statement and tried to cover up the truth by telling Mr. Velzquez that the only thin

had happened was Mrs. Ocasios hand having been stuck at the rotating door.

28. Ms. Coln then informed Mr. Velzquez that she had to leave because she was in a

to return to the gates to assist other travelers.

29. Neither Ms. Coln nor Mr. Velzquez called for medical assistance to check on

Ocasios condition.

30. Mr. Velzquez then escorted Mrs. Ocasio on a wheelchair to the baggage claim area.

31. Mr. Velzquez calls plaintiff Ivonne Lpez (hereafter Mrs. Lpez) on the phone, in

to coordinate a place where to release Mrs. Ocasio from US Airways and Airport Av

Servicess custody and care.

32. Mrs. Lpez informed Mr. Velzquez that her son, Ebik Torres (Mrs. Ocasios gran

hereafter Mr. Torres), would pick her up at the airport.

33. Mr. Velzquez then told Mrs. Lpez that according to Mrs. Coln, Mrs. Ocasios han

gotten stuck at a rotating door. He further stated that he had not witnessed the inciden

34. Mrs. Lpez then calls her son, Mr. Torres, informing him on the information rec

from Mr. Velzquez and on where Mrs. Ocasio could be picked up.

35. Mr. Torres arrived at the specified location to pick up Mrs. Ocasio.



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36. Upon pick up, Mr. Velzquez tells Mr. Torres that he should take Mrs. Ocasio to a d

to have her had checked out because it had gotten stuck at a rotating door.

37. Mrs. Ocasio then tells her grandson, Mr. Torres, the truth of hat had occurred: that sh

instructed to pass through the rotating doors without assistance and had suffered a fal

being struck by the rotating door.

38. Mr. Torres then questioned Mr. Velzquez, who reiterated that he did not witnessed

had occurred and had only stated what Mrs. Coln had told him.

39. Mr. Torres then calls his mother, plaintiff Mrs. Lpez while in the presence of

Velzquez, to inform her that Mrs. Ocasio had been struck by a door and fallen and th

hand may be fractured because it was purplish and heavily swollen.

40. At this time, nobody employed by US Airways or Airport Aviation Services had req

medical assistance for Mrs. Ocasio.

41. Mr. Angel Rojas, a friend of plaintiff Mrs. Lpez, called US AIrways 1-800 phone n

to request assistance for the Mrs. Ocasios condition and was told by operator 3W tha

Ocasio should be taken to the US Airways service counter at the terminal.

42. Mrs. Lpez then calls her son, Mr. Torres and tells him to report the incident at th

Airways service counter.

43. Mr. Velzquez did not assist Mrs. Ocasio and Mr. Torres because he stated that han

was in a hurry to leave because his shift had ended. He took the wheel chair wit

because he had to return it to US Airways.



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44. Neither US Airways nor Airport Aviation Services, nor Autoridad de los Puertos pro

Mrs. Ocasio with a wheel chair on which cover the considerable distance to the s

counter, forcing her using her cane while being supported by her grandson, Mr. Torre

45. Upon arriving at the US Airways counter, Mr. Torres was told by US Airways emp

Ms. Irene, that there was a line and that she was extremely busy. She instructed MR.

to take his claim to Airport Aviation Services supervisor, Ms. Brenda Pagn (hereaft

Pagn).

46. Mr. Torres then proceeded to take Mrs. Ocasio before Ms. Pagn, who was the first p

to request medical assistance for Mrs. Ocasio. Two hours had already passed sinc

incident at the rotating door.

47. Paramedics arrived to treat Mrs. Ocasio, who expressed that she was suffering pain

hips, back and right hand. Her hand was swollen.

48. The paramedics limited their treatment to a simple triage and interview of the p

placing Mrs. Ocasios arm in a sling and instructing Mr. Torres to seek X-Ray

medical attention at the Puerto Rico Medical Center.

49. After the paramedics left, Mr. Torres and Mrs. Ocasio were met by Mrs. Lpez ad

Rojas.

50. Mrs. Ocasio stated she was not feeling well and had a lot of pain. She had cold ski

had not eaten for a while. Being that she was a diabetic, she was taken to buy some fthe airport prior to being taken to the hospital.

51. A police officer then arrived and filled a police report, numbered 2010-02-216 01225



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52. An agent from Autoridad de los Puertos also filled a report stating that it would ha

same 2010-02-216 01225 identification number as the police report.

53. Mrs. Ocasio was taken by her daughter and Mr. Rojas to the Puerto Rico Medical C

where she was treated by Dr. Sal Irizarry (hereafter Dr. Irizarry), who ordered X

and treated the patient.

54. Dr. Irizarry diagnosed Mrs. Ocasio with a fracture on her right hand (close distal

fracture), performing a reduction and setting of the bone. A cast was placed and

Ocasio was released after being referred to an orthopedist for an appointment the foll

week.

55. After arriving at Mrs. Lopezs home an deciding to bathe Mrs. Ocasio, plaintiffs n

that she had bruises on her leg, hip, and knee.

56. Mrs. Ocasio complained of pain and suffering on her back, neck and wrist.

57. On June 9, 2010, Mrs. Lpez took Mrs. Ocasio to an orthopedist at the Puerto

Medical Center.

58. Mrs. Ocasio was then treated by Dr. Santiago and Dr. Jimnez, who explained tha

Ocasio required surgery on her fractured hand, but even with surgery, she woul

recover full mobility of the right hand.

59. Mrs. Lpez then took her mother to Dr. Rojas in Caguas for a second opinion becaus

Ocasio was a diabetic with high blood pressure, irregular heartbeat, and had prev

suffered allergies on sutures utilized in a prior surgery. Mrs. Ocasio is also a c

survivor, having been subjected to a massive mastectomy that rendered her lef

useless. Mrs. Lpez she feared that surgery might be prejudicial.



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60. Dr. Rojas indicated that any surgery had to be performed as close as possible to the d

the fracture and that even with surgery , 100% mobility would never be establishe

further stated that due to the patients age and health condition, it would be reasona

treat Mrs. Ocasio without having to perform an invasive procedure.

61. Dr. Rojas recommended leaving a cast for 8 weeks, after which rehabilitation the

were to commence.

62. Being that even with a surgery, Mrs. Ocasio would never regain full mobility of her

and after weighing the possible risks of surgery and the high probability of complic

plaintiffs decided against an invasive procedure and opted to follow Dr R

recommendations.

63. As a result of all of the above, Mrs. Ocasio could not return to Rochester, NY o

scheduled June 19, 2010 flight, remaining under the care of her daughter, Mrs. Lpez

64. As a result of the wounds received, Mrs. Ocasio was also diagnosed with a compr

fracture on her back (Lumbar L1 vertebrae).

65. Mrs. Ocasio has since been subjected to over 28 therapies for her hand and back

have not culminated.

66. Plaintiffs have had to cover many of the medical costs for the treatment of the in

suffered by defendants tortious acts.

67. These medical costs covered visits to doctors, medicines, and orthopedic equipment a

as hired personnel to help bathe and care for Mrs. Ocasio.

68. Mrs. Lpez is a disabled woman who was diagnosed with breast cancer on Octo

2010.



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69. Even with her medical condition, Mrs. Lpez had to cancel many medical appoint

related to her own cancer condition in order to care for her mother, Mrs. Ocasio.

70. Plaintiffs have contacted US Airways, Airport Aviation Services and ACE Insurance

attempt to reach an extrajudicial settlement for damages suffered but to no avail.

71. US Airways representative Ms. Sanders keeps telling plaintiffs to direct their clai

Airport Aviation Services.

72. Airport Aviation Services denies any wrongdoing.

73. To this day, plaintiffs continue to suffer pain and mental anguish resulting

defendants tortious acts.

CLAIM FOR RELIEF: DEFENDANTS ARE JOINTLY LIABLE TO THE PLAINTIFFFOR DAMAGES UNDER ARTS. 1802 AND 1803 CIVIL CODE OF PUERTO

RICO, 31 L.P.R.A. SEC. 5141 and 5142

74. Plaintiffs adopt by reference and incorporate herein all previous paragraphs o

complaint.

75. US Airways was negligent for breaching the duty owed to Mrs. Ocasio, a special

traveler, regarding her safety and well being.

76. US Airways is vicariously liable for any tortious acts or omissions incurred b

employees in the breach of the duty owed to Mrs. Ocasio.

77. US Airways was negligent for trusting the safety and well being of one of its special

passengers to a third party, to wit, Airport Aviation Services, without providin

supervision of the latters treatment of passengers.

78. US Airways was negligent in the manner in which it failed to address plaintiffs cla

the airport and further failed to contact medical personnel to treat Mrs. Ocasios injur



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79. Airport Aviation Services was negligent in the manner in which it failed to pro

supervise its employees at all times when Mrs. Ocasio was under its custody and care

80. Airport Aviation Services is vicariously liable for the manner in which its employees

negligent in the handling of Mrs. Ocasio when she was ordered to pass through a rev

door without any assistance whatsoever and for employees failure to timely co

medical personnel to treat Mrs. Ocasio.

81. Airport Aviation Services was negligent for not providing or securing a wheelcha

Mrs. Ocasio after the incident when she was taken by her grandson to the US Ai

service counter to make a claim.

82. Defendant Ms. Maysonet was negligent when ordering Mrs. Ocasio to walk thro

revolving door without any assistance, in the manner in which she picked up the pl

from the floor after the fall, in the manner in which she lied to Mr. Velzquez regardi

truth of what had happened, and the manner in which she rapidly dumped Mrs. Oca

Mr. Velzquez without having contacted any medical personnel for treatment of Ocasios injuries.

83. Defendant Mr. Velzquez was negligent for not questioning Mrs. Coln on wha

happened to Mrs. Ocasio, for not contacting medical personnel to treat the injuries su

by plaintiff Mrs. Ocasio, and for taking away the wheel chair Mrs. Ocasio was

forcing her to walk in pain to the US Airways service counter.

84. Autoridad de los Puertos was negligent for not providing a safe way from wh

passenger in a wheel chair can exit the gate terminal to the baggage claim area the

the events.



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85. Autoridad de los Puertos was negligent for allowing patients who need a wheel cha

cane to walk through a rotating door.

86. Autoridad de los Puertos was negligent for not properly supervising Airport Av

Services operations at the Luis Muoz Marn International Airport.

87. Autoridad de los Puertos was negligent for not providing enough wheel chairs at th

Muoz Marn International Airport for use of its patrons.

88. All defendants are jointly liable for the tortious acts alleged herein.

89. Plaintiff Mrs. Ocasio has suffered pain and mental anguish as a consequence of defe

tortious acts. Mrs. Ocasio suffered severe pain during and after the fall. Mrs. Ocas

lost full mobility of her dominant hand and her lifestyle has change dramatically, f

now is in need of constant assistance to tend for even the most simple tasks like co

bathing and getting dressed. Mrs. Ocasio has to receive physical therapy for her han

back. Mrs. Ocasio can no longer visit a center for the elderly on a daily basis as sh

to.

90. Mrs. Lopez suffered pain and mental anguish as a result of seeing her mother suffer

Lopezs lifestyle was changed when she had to suddenly take care of her m

immediately after the incident and in the process, was forced for 8 months to miss m

the medical appointments for her cancer treatment. As a consequence, her c

deteriorated and she moved to Tampa, Florida to receive surgery.91. These damages are estimated at $750,000 for Mrs. Ocasio and $500,000 for Mrs. Lp

92. All defendants are jointly liable for damages resulting from the tortious acts alleged h

JURY DEMAND



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93. Plaintiffs demand trial by jury.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs pray for judgment against the defendants and requests th

Honorable Court find them to have acted negligently as alleged herein and order defend

compensate plaintiffs with the sum of $750,000 to Mrs. Ocasio, $500,000 to Mrs. Lpe

that defendants be ordered to pay costs and attorneys fees as provided by law, plus any

relief as may be granted

RESPECTFULLY SUBMITTED.

In San Juan, Puerto Rico, this 3rd day of June, 2011.

s/FREDDIE O. TORES GM

USDC No. 2264Tulipn 170, Urb. San Franc

San Juan, PR 00927-62Tel.: 753-4712 / Fax: 274-0E-MAIL:[email protected]



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Case 3:11-cv-01516-JAG Document 1-1 Filed 06/03/11 Page 1 of 1


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OCASIO RUIZ et al v. IMC CARIBE et al Complaint

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