United States First Circuit

In a negligence action, district court's dismissal of plaintiff's complaint is affirmed in part and reversed in part where: 1) the court properly dismissed plaintiffs' Civil Code Article 1802 claim as the statute limits the duty of diligence to commercial sellers of alcoholic beverages; and 2) plaintiffs' vicarious liability claim under Civil Code Article 1803 should not have been dismissed, as the facts support a reasonable inference that defendant's employee was acting within the scope of his employment when the accident occurred.

Appellate Information

• Decided 05/21/2009
• Published 05/21/2009

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, STAHL, and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Jorge M. Suro-Ballester, for appellants.


• For Appellees:
  
• Luis G. Martínez-Lloréns, with whom Luis Martínez Lloréns Law Offices, P.S.C., was on brief for appellee.