Cruz Nieves v. Gonzalez

In Cruz Nieves v. Gonzalez, 66 P.R. Dec. 212, 1946 WL 6440 (1946), the plaintiff had timely filed an extrajudicial claim with the defendant's insurance company, but did not file suit against the defendant until more than a year after the accident. When the defendant raised the failure to file suit within the one year period required by P.R. Civ. C. art. 1868, the plaintiff countered that the prescription of her action against the defendant had been interrupted by the extrajudicial claim against the insurance company because the two were solidarily liable.