OCASIO RUIZ Et Al v. IMC CARIBE Et Al Complaint

Case 3:11-cv-01516-JAG Document 1 Filed 06/03/11 Page 1 of 14
IN THE UNITED STATES DISTRICT COURT

FOR DISTRICT OF PUERTO RICO
RAMONITA OCASIO RUIZ, IVONNE M. Civil No.

LOPEZ OCASIO
Plaintiffs
v.
IMC CARIBE/AIRPORT AVIATION FOR: DAMAGES

SERVICES INC., US AIRWAYS,
AUTORIDAD DE LOS PUERTOS DEL
ESTADO LIBRE ASOCIADO DE PUERTO
RICO, SECRETARIO DE JUSTICIA, ACE
INSURANCE COMPANY, PROPERTY &
CASUALTY INS. CO., MARISET COLON
AND THE LEGAL CONJUGAL PLAINTIFFS DEMAND
PARTNERSHIP COMPRISED WITH HER TRIAL BY JURY
HUSBAND JOHN DOE, RUDY
VELAZQUEZ AND THE LEGAL
CONJUGAL PARTNERSHIP COMPRISED
WITH HIS WIFE JANE ROE, COMPANY
XYZ, INSURANCE COMPANY ABC,
JOHN DOE Y JANE ROE
Defendants
COMPLAINT
TO THE HONORABLE COURT:
Come now, Plaintiffs RAMONITA OCASIO RUIZ, IVONNE M. LOPEZ OCASIO, by the
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 citizenship
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).

PARTIES
1. Plaintiff RAMONITA OCASIO RUIZ is an individual of legal age, single and resident of
229 Avenue A, Apt 211 Rochester, New York 14605.
2. Plaintiff, IVONNE M. LOPEZ OCASIO, is an individual of legal age, divorced, daughter
of plaintiff Ramonita Ocasio and resident of 17673 Jamestown Way, Apt. D, Lutz, Florida
33558.
3. Upon information and belief, Defendant IMC CARIBE / AIRPORT AVIATION
SERVICES INC. is a corporation incorporated under the laws of Puerto Rico, Registry
#29070 – 111, and during all times herein mentioned was authorized to operate at the San
Juan Luis Muñoz Marín International Airport.
4. Upon information and belief, Defendant US AIRWAYS is a corporation that is
incorporated under the laws of Arizona, having its principal place of business in Arizona,
and during all times herein mentioned was authorized to operate at the San Juan Luis
Muñoz Marín Airport.
5. Defendant, the government of the ESTADO LIBRE ASOCIADO DE PUERTO RICO has
the capacity to sue and be sued, and jointly liable for tortious acts committed by its
agencies and dependencies.
6. Upon information and belief, Defendant AUTORIDAD DE LOS PUERTOS is a
government agency of codefendant ESTADO LIBRE ASOCIADO DE PUERTO RICO
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and during all times herein mentioned, was the entity in charge of supervising operations at
the San Juan Luis Muñoz Marín International Airport.
7. Upon information and belief, Defendant ACE PROPERTY & CASUALTY INSURANCE
COMPANY, INC. is a corporation and/or legal entity organized and existing under the
Laws of the state of Puerto Rico or one of the United States, and during all times herein
mentioned, was authorized to do business in Puerto Rico, having issued an insurance
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, of legal
age, resident of Puerto Rico, with a Legal Conjugal Partnership with her husband John
Doe, who at all times alleged here in the complaint was an employee of defendant Airport
Aviation Services.
9. Upon information and belief, defendant RUDY VELÁZQUEZ is a person, married, of
legal age, resident of Puerto Rico, with a Legal Conjugal Partnership with his wife Jane
Roe, who at all times alleged here in the complaint was an employee of defendant Airport
Aviation Services.
10. Upon information and belief, Defendant COMPANY XYZ is the fictitious name of a
corporation and/or legal entity organized and existing under the Laws of the state of Puerto
Rico or one of the United States, and during all times herein mentioned, was authorized to
do business in Puerto Rico, and jointly liable to plaintiffs for its own negligence or
vicariously for the negligent acts of other codefendants, or for its breach of duty of care
whose names and identities are unknown at this moment, but as soon as these names are
obtained through discovery the complaint will be amended in accordance with Federal
rules and Local District Rules.
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11. Upon information and belief, Defendant INSURANCE COMPANY, ABC is the fictitious
name of a corporation and/or legal entity organized and existing under the Laws of the
state of Puerto Rico or one of the United States, and during all times herein mentioned, was
authorized to do business in Puerto Rico, having issued an insurance company in favor of
one or more of the codefendants in this case, whose names and identities are unknown at
this moment, but as soon as these names are obtained through discovery the complaint will
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 names
of any person that during all times herein mentioned, was jointly liable to plaintiffs for
their own negligence or vicariously for the negligent acts of other codefendants, or for their
breach of duty of care whose names and identities are unknown at this moment, but as soon
as these names are obtained through discovery the complaint will be amended in
accordance with Federal rules and Local District Rules.
FACTUAL ALLEGATIONS
13. On June 4, 2010, Plaintiff Ramonita Ocasio Ruiz (hereafter Mrs. Ocasio) arrived in Puerto
Rico from Rochester, NY, on US Airways flight 1568, Ticket #CYN4Y0 in order to enjoy
the graduation of her grandson.
14. Mrs. Ocasio is a diabetic whose health condition and advanced age qualifies her as a
special needs traveler who normally uses a cane to walk and requires the use of a wheel
chair at airports.
15. After arriving at Luís Muñoz Marín International Airport, Mrs. Ocasio was wheeled out of
the US Airways aircraft on a wheelchair by a US Airways crew member, who later helped
the plaintiff board a golf cart that was waiting at the gate entrance to the aircraft.
4
16. Mrs. Ocasio was transported on the Golf Cart towards the baggage area when she was met
by Airport Aviation Services, Inc. employee Ms. Mariset Colón (hereafter Ms. Colón).
17. Plaintiff Mrs. Ocasio had no choice in the matter of who was to help her exit the terminal
and meet with her family.
18. Ms. Colón helps Mrs. Ocasio exit the golf cart and onto a wheel chair and proceeds to push
the wheelchair until arriving at a revolving door that exited the terminal’s gates and
accesses the airport baggage area.
19. On the other side of the revolving door waited Mr. Rudy Velázquez (hereafter Mr.
Velázquez), another Airport Aviation Services employee.
20. The revolving door was rotating on its own at a considerable speed.
21. Ms. Colón then instructs Mrs. Ocasio to stand up from the wheelchair, and walk through
the revolving door without any assistance whatsoever and without the benefit of her cane.
22. Almost immediately upon entering the rotating door, Mrs. Ocasio was struck by one of its
“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 avoid a
fall but nothing was present. She fell to the floor. The door kept rotating with Mrs. Ocasio
24. Ms. Colón then abruptly and forcefully grabbed Mrs. Ocasio and lifted her on her feet,
asking if Ms. Colón was all right and advising her to go home and apply some Ben-Gay
cream on her wounds.
25. Only now, after the fall, does Ms. Colón help Mrs. Ocasio through the rotating door to the
other side, handing the plaintiff over to Mr. Velázquez.
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26. Ms. Colón failed to inform Mr. Velázquez that Mrs. Ocasio had been struck by the door
and consequently fallen to the ground.
27. Mrs. Ocasio informed Mr. Velázquez that she was suffering great pain, and when she
began explaining how she was truck by the door, Ms. Colón suddenly interrupted the
statement and tried to cover up the truth by telling Mr. Velázquez that the only thing that
had happened was Mrs. Ocasio’s hand having been stuck at the rotating door.
28. Ms. Colón then informed Mr. Velázquez that she had to leave because she was in a hurry
to return to the gates to assist other travelers.
29. Neither Ms. Colón nor Mr. Velázquez called for medical assistance to check on Mrs.
Ocasio’s condition.
30. Mr. Velázquez then escorted Mrs. Ocasio on a wheelchair to the baggage claim area.
31. Mr. Velázquez calls plaintiff Ivonne López (hereafter Mrs. López) on the phone, in order
to coordinate a place where to release Mrs. Ocasio from US Airways and Airport Aviation
Services’s custody and care.
32. Mrs. López informed Mr. Velázquez that her son, Ebik Torres (Mrs. Ocasio’s grandson,
hereafter Mr. Torres), would pick her up at the airport.
33. Mr. Velázquez then told Mrs. López that according to Mrs. Colón, Mrs. Ocasio’s hand had
gotten stuck at a rotating door. He further stated that he had not witnessed the incident.
34. Mrs. López then calls her son, Mr. Torres, informing him on the information received
from Mr. Velázquez and on where Mrs. Ocasio could be picked up.
35. Mr. Torres arrived at the specified location to pick up Mrs. Ocasio.
6
36. Upon pick up, Mr. Velázquez tells Mr. Torres that he should take Mrs. Ocasio to a doctor
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 she was
instructed to pass through the rotating doors without assistance and had suffered a fall after
being struck by the rotating door.
38. Mr. Torres then questioned Mr. Velázquez, who reiterated that he did not witnessed what
had occurred and had only stated what Mrs. Colón had told him.
39. Mr. Torres then calls his mother, plaintiff Mrs. López while in the presence of Mr.
Velázquez, to inform her that Mrs. Ocasio had been struck by a door and fallen and that her
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 requested
medical assistance for Mrs. Ocasio.
41. Mr. Angel Rojas, a friend of plaintiff Mrs. López, called US AIrways 1-800 phone number
to request assistance for the Mrs. Ocasio’s condition and was told by operator 3W that Mrs.
Ocasio should be taken to the US Airways service counter at the terminal.
42. Mrs. López then calls her son, Mr. Torres and tells him to report the incident at the US
Airways service counter.
43. Mr. Velázquez did not assist Mrs. Ocasio and Mr. Torres because he stated that hand he
was in a hurry to leave because his shift had ended. He took the wheel chair with him
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 provided
Mrs. Ocasio with a wheel chair on which cover the considerable distance to the service
counter, forcing her using her cane while being supported by her grandson, Mr. Torres.
45. Upon arriving at the US Airways counter, Mr. Torres was told by US Airways employee
Ms. Irene, that there was a line and that she was extremely busy. She instructed MR. Torres
to take his claim to Airport Aviation Services supervisor, Ms. Brenda Pagán (hereafter Ms.
Pagán).
46. Mr. Torres then proceeded to take Mrs. Ocasio before Ms. Pagán, who was the first person
to request medical assistance for Mrs. Ocasio. Two hours had already passed since the
incident at the rotating door.
47. Paramedics arrived to treat Mrs. Ocasio, who expressed that she was suffering pain on her
hips, back and right hand. Her hand was swollen.
48. The paramedics limited their treatment to a simple triage and interview of the patient,
placing Mrs. Ocasio’s arm in a sling and instructing Mr. Torres to seek X-Rays and
medical attention at the Puerto Rico Medical Center.
49. After the paramedics left, Mr. Torres and Mrs. Ocasio were met by Mrs. López ad Mr.
Rojas.
50. Mrs. Ocasio stated she was not feeling well and had a lot of pain. She had cold skin. She
had not eaten for a while. Being that she was a diabetic, she was taken to buy some food at
the 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 have the
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 Center,
where she was treated by Dr. Saúl Irizarry (hereafter Dr. Irizarry), who ordered X-Rays
and treated the patient.
54. Dr. Irizarry diagnosed Mrs. Ocasio with a fracture on her right hand (close distal radio
fracture), performing a reduction and setting of the bone. A cast was placed and Mrs.
Ocasio was released after being referred to an orthopedist for an appointment the following
week.
55. After arriving at Mrs. Lopez’s home an deciding to bathe Mrs. Ocasio, plaintiffs noticed
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. López took Mrs. Ocasio to an orthopedist at the Puerto Rico
Medical Center.
58. Mrs. Ocasio was then treated by Dr. Santiago and Dr. Jiménez, who explained that Mrs.
Ocasio required surgery on her fractured hand, but even with surgery, she would not
recover full mobility of the right hand.
59. Mrs. López then took her mother to Dr. Rojas in Caguas for a second opinion because Mrs.
Ocasio was a diabetic with high blood pressure, irregular heartbeat, and had previously
suffered allergies on sutures utilized in a prior surgery. Mrs. Ocasio is also a cancer
survivor, having been subjected to a massive mastectomy that rendered her left arm
useless. Mrs. López she feared that surgery might be prejudicial.
9
60. Dr. Rojas indicated that any surgery had to be performed as close as possible to the date of
the fracture and that even with surgery , 100% mobility would never be established. He
further stated that due to the patient’s age and health condition, it would be reasonable to
treat Mrs. Ocasio without having to perform an invasive procedure.
61. Dr. Rojas recommended leaving a cast for 8 weeks, after which rehabilitation therapies
were to commence.
62. Being that even with a surgery, Mrs. Ocasio would never regain full mobility of her hand,
and after weighing the possible risks of surgery and the high probability of complications,
plaintiffs decided against an invasive procedure and opted to follow Dr Rojas’s
recommendations.
63. As a result of all of the above, Mrs. Ocasio could not return to Rochester, NY on the
scheduled June 19, 2010 flight, remaining under the care of her daughter, Mrs. López.
64. As a result of the wounds received, Mrs. Ocasio was also diagnosed with a compression
fracture on her back (Lumbar L1 vertebrae).
65. Mrs. Ocasio has since been subjected to over 28 therapies for her hand and back which
have not culminated.
66. Plaintiffs have had to cover many of the medical costs for the treatment of the injuries
suffered by defendants tortious acts.
67. These medical costs covered visits to doctors, medicines, and orthopedic equipment as well
as hired personnel to help bathe and care for Mrs. Ocasio.
68. Mrs. López is a disabled woman who was diagnosed with breast cancer on October of
2010.
10
69. Even with her medical condition, Mrs. López had to cancel many medical appointments
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 in an
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 claims to
Airport Aviation Services.
72. Airport Aviation Services denies any wrongdoing.
73. To this day, plaintiffs continue to suffer pain and mental anguish resulting from
defendants’ tortious acts.
CLAIM FOR RELIEF: DEFENDANTS ARE JOINTLY LIABLE TO THE PLAINTIFF

FOR 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 of this
complaint.
75. US Airways was negligent for breaching the duty owed to Mrs. Ocasio, a special needs
traveler, regarding her safety and well being.
76. US Airways is vicariously liable for any tortious acts or omissions incurred by its
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 needs
passengers to a third party, to wit, Airport Aviation Services, without providing any
supervision of the latter’s treatment of passengers.
78. US Airways was negligent in the manner in which it failed to address plaintiffs’ claims at
the airport and further failed to contact medical personnel to treat Mrs. Ocasio’s injuries.
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79. Airport Aviation Services was negligent in the manner in which it failed to properly
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 were
negligent in the handling of Mrs. Ocasio when she was ordered to pass through a revolving
door without any assistance whatsoever and for employees’ failure to timely contact
medical personnel to treat Mrs. Ocasio.
81. Airport Aviation Services was negligent for not providing or securing a wheelchair for
Mrs. Ocasio after the incident when she was taken by her grandson to the US Airways
service counter to make a claim.
82. Defendant Ms. Maysonet was negligent when ordering Mrs. Ocasio to walk through a
revolving door without any assistance, in the manner in which she picked up the plaintiff
from the floor after the fall, in the manner in which she lied to Mr. Velázquez regarding the
truth of what had happened, and the manner in which she rapidly dumped Mrs. Ocasio on
Mr. Velázquez without having contacted any medical personnel for treatment of Mrs.
Ocasio’s injuries.
83. Defendant Mr. Velázquez was negligent for not questioning Mrs. Colón on what had
happened to Mrs. Ocasio, for not contacting medical personnel to treat the injuries suffered
by plaintiff Mrs. Ocasio, and for taking away the wheel chair Mrs. Ocasio was using,
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 which a
passenger in a wheel chair can exit the gate terminal to the baggage claim area the day of
the events.
12
85. Autoridad de los Puertos was negligent for allowing patients who need a wheel chair or a
cane to walk through a rotating door.
86. Autoridad de los Puertos was negligent for not properly supervising Airport Aviation
Services’ operations at the Luis Muñoz Marín International Airport.
87. Autoridad de los Puertos was negligent for not providing enough wheel chairs at the Luis
Muñoz Marín 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 defendants
tortious acts. Mrs. Ocasio suffered severe pain during and after the fall. Mrs. Ocasio has
lost full mobility of her dominant hand and her lifestyle has change dramatically, for she
now is in need of constant assistance to tend for even the most simple tasks like cooking,
bathing and getting dressed. Mrs. Ocasio has to receive physical therapy for her hand and
back. Mrs. Ocasio can no longer visit a center for the elderly on a daily basis as she used
to.
90. Mrs. Lopez suffered pain and mental anguish as a result of seeing her mother suffer. Mrs.
Lopez’s lifestyle was changed when she had to suddenly take care of her mother
immediately after the incident and in the process, was forced for 8 months to miss most of
the medical appointments for her cancer treatment. As a consequence, her cancer
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. López.
92. All defendants are jointly liable for damages resulting from the tortious acts alleged herein.
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 that his
Honorable Court find them to have acted negligently as alleged herein and order defendants to
compensate plaintiffs with the sum of $750,000 to Mrs. Ocasio, $500,000 to Mrs. López, and
that defendants be ordered to pay costs and attorney’s fees as provided by law, plus any other
relief as may be granted
RESPECTFULLY SUBMITTED.
In San Juan, Puerto Rico, this 3rd day of June, 2011.
s/FREDDIE O. TORES GÓMEZ
USDC No. 226409

Tulipán 170, Urb. San Francisco
San Juan, PR 00927-6221
Tel.: 753-4712 / Fax: 274-0191
E-MAIL: ftorres151@gmail.com
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Case 3:11-cv-01516-JAG Document 1 Filed 06/03/11 Page 1 of 14

IN THE UNITED STATES DISTRICT COURT

RAMONITA OCASIO RUIZ, IVONNE M. Civil No.

IMC CARIBE/AIRPORT AVIATION FOR: DAMAGES

TO THE HONORABLE COURT:

undersigned attorney and respectfully allege and pray:

JURISDICTION AND VENUE

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

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

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

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

Juan Luis Muñoz Marín International Airport.

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

Muñoz Marín Airport.

agencies and dependencies.

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

government agency of codefendant ESTADO LIBRE ASOCIADO DE PUERTO RICO

the San Juan Luis Muñoz Marín International Airport.

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

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

9. Upon information and belief, defendant RUDY VELÁZQUEZ is a person, married, of

rules and Local District Rules.

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

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

accordance with Federal rules and Local District Rules.

the graduation of her grandson.

and meet with her family.

accesses the airport baggage area.

Velázquez), another Airport Aviation Services employee.

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

cream on her wounds.

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

and consequently fallen to the ground.

to return to the gates to assist other travelers.

Services’s custody and care.

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

being struck by the rotating door.

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

medical assistance for Mrs. Ocasio.

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

Airways service counter.

because he had to return it to US Airways.

incident at the rotating door.

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

medical attention at the Puerto Rico Medical Center.

the airport prior to being taken to the hospital.

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

and treated the patient.

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

recover full mobility of the right hand.

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

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

plaintiffs decided against an invasive procedure and opted to follow Dr Rojas’s

fracture on her back (Lumbar L1 vertebrae).

have not culminated.

suffered by defendants tortious acts.

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

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

Airport Aviation Services.

72. Airport Aviation Services denies any wrongdoing.

defendants’ tortious acts.

CLAIM FOR RELIEF: DEFENDANTS ARE JOINTLY LIABLE TO THE PLAINTIFF

traveler, regarding her safety and well being.