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retailer indemnifies mother and daughter by falling badly-installed cabinet in kitchen

09/26/2016

This article was translated by an automatic translation system, and was therefore not reviewed by people.

 

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The 1st Civil Chamber of the ECJ condemned retailer to pay compensation for moral damages in the amount of R $ 50,000, for mother and daughter who had accidents in the district of Santa Rosa South, when a cabinet malfixado kitchen wall fell both on and caused widespread injuries. Mobile came down because the company carried out preliminary assembly but never came to fix it right. Even said that he would return in three days to complete the job - promise never fulfilled.

The family then went on to make normal use utensil. On April 30, 2010, almost two months after the purchase, the daughter was holding the handle mobile and he fell on the victims. Lady, 93, broke his femur, underwent surgery and now needs to be carried on the lap to move. The daughter, injured, remains taking care of the mother. In its defense, the defendant argued that the family put too much weight on the mobile, which would have generated the accident.

However, Judge Domingos Paludo, rapporteur of the matter, considered the manifest moral damage. "One of the appealed, elderly, suffered a fractured femur and required extensive medical treatment, as widely proven. The second suffered bruises and had to support the first," he founded the magistrate. The decision was unanimous (Appeal n. 0001563-21.2011.8.24.0189).

 

Source: TJSC

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