United States First Circuit

District court properly dismissed, on grounds that it was being perpetuated through fraud, the tort litigation brought by a man injured at a city sidewalk site that was under repair. With regard to the related tort claims brought by his wife, the matter is remanded for a determination of whether she joined actively in the fraud.

Appellate Information

• Decided 01/20/2004
• Published 01/20/2004

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, LYNCH and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Andrew R. Schulman with whom Getman, Stacey, Tamposi, Schulthess & Steere, P.A. was on brief for appellants.


• For Appellees:
  
• Luis G. Martínez-Lloréns with whom Colón, Colón & Martínez, P.S.C. was on brief for appellees Target Engineering, S.E., and Ace Insurance Company., Harold D. Vicente-González for appellee Municipality of San Juan.