Pingo Doce
The initial indemnity was 15 thousand euros, but the Porto Court of Appeal rose to 35 thousand euros after the insurer’s appeal.
A 69 -year -old woman will be Indemnified in 35 thousand euros After slipping and lying on the wet pavement in a Pingo Doce store in Matosinhos in 2019. The decision was confirmed by the Supreme Court (STJ), who rejected the fidelity insurer appeal, responsible for coverage of the supermarket.
The victim, Emilia C., fractured the hip in the fall and underwent multiple treatments, including infiltrations and surgery to place a total prosthesis in the hip. Even after medical procedures, he continued to suffer from pain, difficulties in mobility and had to adapt his home to deal with physical limitations. Emilia C., who worked as a direct action assistant in the diocesan work, never again acts and renovated in 2022.
Initially, the Court of first instance fixed compensation by 15 thousand euros for non -heritage damages. However, the Porto Court of Appeal considered the value “scarce” and increased it to 35 thousand euros, recognizing physical and psychological suffering of the woman. According to the judges, the author saw “her physical integrity strongly raped”, without any contribution to the succeed.
Loyalty resorted to the STJ, arguing that compensation should not exceed 15 thousand euros, otherwise it becomes “source of enrichment”. However, the counselors Ana Paula Lobo, Orlando dos Santos Nascimento and Emídio Francisco dos Santos considered the victim’s suffering as “significant” and rejected the appeal. The judgment underlines that the author’s physical and psychological suffering is not “of reduced importance,” but a condition that will affect her for the rest of her life.
In response to, Pingo Doce confirmed that he took responsibility for the fall, triggering the insurer to negotiate the value of compensation. However, as there was no understanding between the parties, the case was taken to court.
