Tarea2

Nieves v. Bansander Leasing

Procedure:  Trial Court – Judgment for defendant on motion to dismiss. There was no cause of action.

Appellate Court - Judgment for plaintiff. There was a contract.  

Issue: On February 5, 1993, Angel Luis Nieves Vélez, his wife Blanca Beníquez de Nieves, sued Bansander Leasing Corporation and its insurer. The complaint alleged that on October 5, 1992, Nieves Vélez was hit by a vehicle when he was walking , and that this was attributable to the negligence of the driver of the vehicle, 19-year-old Eric Rodríguez Rivera, who did not stop at a red light. It was further alleged that, as a result of said accident, plaintiff Nieves Vélez fractured his left arm in three different parts, and received several bruises on his body. The plaintiffs also alleged that the vehicle involved in the accident belonged to defendant Bansander Leasing.

• Rodríguez González agreed to pay lessor $379.00 monthly for the possession, use, and enjoyment of the automobile for a period of 60 months.

• The vehicle may be used only within the territorial limits of Puerto Rico.

Fact: The typical or ordinary situation in which the presumption of ownership may be rebutted occurs when the person registered as the owner of a vehicle has sold it to another person who has not yet registered the vehicle in his name. In such cases, the presumption of ownership may be rebutted with regard to the previous owner, in whose name the vehicle is still registered. The situation is different, however, in cases like the one under our consideration, involving a long-term lease, where the lessee assumes all equipment costs and risks, as well as all maintenance, repairs, and insurance obligations. In such cases, like in this case, the lesser is usually released from liability in the lease agreement.         

Decision: Judgment for the case was that Bansander, the creditor and finance lesser, is totally unconnected from the day-to-day operation of the vehicle, should not be held liable within the meaning of said standard of exceptional liability. 

Sistema v. Interface

Procedure:   Trial Court Split Decision the parties in this case are –SISTEMA applicant and petitioner, v INTERFACE, Defendants and respondents.

Issue:     The controversy surrounding this case is based on the physicians and how their relationship began to wear out in the early 1990's, mainly because of their disagreements about the management of the partnership and of the corporation. One of the main reasons for this situation was that one of the partners had employed Dr. Luisa V. Marcial,Dr. Marcial's daughter, and the offer allegedly made to her to share in the professional partnership and in the corporation.

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