25/04/2013
Traffic accident victims without causes no damage Autor: TJ/RS
Despite the inconveniences generated by a traffic accident, it is inevitable hassle they are exposed to drivers of vehicles that circulate daily on public roads. This is the understanding of the 12th Civil Chamber, to deny request for punitive damages to car owner who was involved in accident without, however, suffering any injury.
The decision partially confirms the sentence of 1st degree.
Case
The plaintiff trafegava the highway ERS 240, driving a Kadett. When passing by a kneecap in preferred the front driver, owner of a Corsa braked sharply, causing other cars diminished speed. But a truck, Scania model company-owned Andrioli Eckert, who was behind, failed to stop the vehicle and caused a four-car pileup.
The owner of the Kadett went to court claiming the fault of the Corsa and Scania vehicles. He requested that the defendants jointly pay compensation for material and moral damages.
Sentence
The case was tried in the District of Panambi. The Andrioli defendant claimed that the driver of the truck was not at fault in the accident, because the front driver slowed sharply on a roundabout. The defendant driver of the Corsa, said he braked to avoid a collision with another car that crossed the preferred roundabout on occasion.
The Judge Fabiano Zolet Bau partially upheld the request of the author. He sentenced the defendant to indemnify Andrioli the driver of the Kadett in R $ 7,144.00 for property damage and U.S. $ 20,000 in damages.
The company Andrioli Eckert appealed the sentence.
Appeal
The Judge Jose Aquino Flôres Camargo, rapporteur of the case, explained that the one to blame for the accident was the driver of the truck did not lead the vehicle carefully and did not observe the minimum safety distance between vehicles.
However, it found that the damage did not exist. That summed up the damage, having greater severity. The fact that the author has acquired the car the day before the accident does not justify the compensation sought. In reality, the event falls within the limits of the hassle of everyday life. There were no injuries, said the magistrate.
The Judges Umberto Guaspari Sudbrack and Ana Lucia Carvalho Pinto Vieira Rebout followed the vote of the rapporteur.
The decision became final in April, there being no possibility of appeal.
Proc. 70051743243
EXPEDIENTE
Text: Cecilia Viegas Pires
Adviser-Press Coordinator: Adriana Arend
imprensa@tj.rs.gov.br
