United States First Circuit

Dismissal of plaintiff's complaint for failure to state a claim is affirmed where the Puerto Rican courts would likely apply the economic loss rule that a party generally may not recover in tort when a defective product harms only the product itself.

Appellate Information

• Decided 05/31/2006
• Published 05/31/2006

Judges

• TORRUELLA, Circuit Judge., Before BOUDIN, Chief Judge, TORRUELLA, Circuit Judge, and HANSEN, Senior Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Lawrence D. Goodman, with whom Luis Del Valle-Emmanuelli, García & Fernández Law Office, Juan A. López-Conway, and Devine Goodman Pallot & Wells, P.A. were on brief, for appellants.


• For Appellees:
  
• James M. Derr, with whom Bruce J. McGiverin were on brief, for appellee Cessna Aircraft Company., Kathleen M. O'Connor, with whom Thornton, Davis & Fein, P.A., A.J. Bennazar-Zequeira, José R. García-Pérez and Bufete Bennazar, C.S.P. were on brief, for appellee Pratt & Whitney Canada Corp.