Rosario Ortega v. Star-Kist Foods, Inc.

370 F.3d 124 (1st Cir. 2004)

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Nature of the Case

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Facts

P who was nine years old, cut her right pinky finger on a can of Star-Kist tuna. P's injuries were more than trivial and led to surgery, the prospect of future surgery, and minor permanent disability and scarring. P along with her parents and sister, sued in federal court, asserting diversity jurisdiction. 28 U.S.C. § 1332. The claims of the family members were composed of emotional distress damages, with the mother asserting medical expenses as well. Civil jury trials are unavailable in the local courts of Puerto Rico. Ds moved to dismiss the complaint for lack of jurisdiction, claiming that there was not complete diversity of citizenship because Star-Kist Caribe Inc., the branch of Star-Kist that does business in Puerto Rico, was a Puerto Rico citizen for purposes of the diversity statute. The district court agreed and dismissed the complaint without prejudice. Ps refiled only naming D and its unnamed insurers as defendants. P alleged physical damages of not less than $500,000 and emotional damages of not less than $400,000. It also alleged that each of the three family members had suffered emotional damages in excess of $150,000 and that the mother had also incurred $4,927.07 in past medical expenses and $25,000 in estimated future medical expenses. D for summary judgment, alleging that Ps could satisfy the $75,000 amount-in-controversy requirement. The district court dismissed all of the Ps' claims without prejudice for want of jurisdiction. Ps appealed.