United States First Circuit

In a suit against a bank alleging negligent design of an ATM facility after plaintiff was struck by a car while using the facility, jury verdict for plaintiff is reversed where the plaintiff did not present sufficient evidence of negligent design to permit the jury's verdict. Attorney's fees assessed against the driver of the car are affirmed.

Appellate Information

• Decided 09/27/2007
• Published 09/27/2007

Judges

• LIPEZ, Circuit Judge., Before LIPEZ, Circuit Judge, SELYA, Senior Circuit Judge, and DICLERICO, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Ricardo L. Ortiz-Colon, Jose L. Ramirez-Coll, and Fiddler, Gonzalez & Rodriguez, P.S.C. on brief for amicus curiae.


• For Appellees:
  
• Stephen A. Cozen, with whom Elizabeth Chambers Bailey, Cozen & O'Connor, Luis G. Martinez-Llorens, Francisco J. Colon-Pagan, Colon, Colon & Martinez, P.S.C., Ivan M. Fernandez, and Law Office of Ivan M. Fernandez were on brief, for appellants/cross-appellees., Jose Luis Ubarri-Garcia, with whom David W. Roman, Brown & Ubarri, Luis R. Mena-Ramos, and Luis R. Mena-Ramos Law Offices were on brief, for appellees/cross-appellants., Vicente Santori Margarida for defendants/cross-appellees.