United States First Circuit

In a suit for medical malpractice, dismissal of the complaint is reversed and remanded where the district court clearly erred in failing to conduct an evidentiary hearing before ruling on the issue of plaintiff's domicile.

Appellate Information

• Decided 02/14/2008
• Published 02/14/2008

Judges

• SMITH, District Judge., Before TORRUELLA and HOWARD, Circuit Judges, and SMITH, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Antonio Bauzá-Torres and Rubén Morales, for appellant.


• For Appellees:
  
• Mirta Rodríguez-Mora, with whom Látimer, Biaggi, Rachid & Godreau, were on brief for appellee Pavía Hospital, and Nuyen Marrero-Bonilla, with whom Montijo & Montijo Law Offices, were on brief for appellees Dr. Miguel De La Cruz and his conjugal partnership.