VALPARAISO COURT OF APPEALS
APPEAL: 1310/2003 - Resolution: 28,859
Valparaiso, June 9, two thousand four.
citation sets the sentence on appeal, eliminating entirely the reasons 5 and 8; and legal citations of article 19 of Law 18,287 and Articles 18, 19, 20 and 21 of Law 19,496 and having in place and Also present: 1 .- That is undisputed in this present the fact that Dona Ana Amelia Carvajal Tobar had an accident in the shop called Homecenter Sodimac, located at Avenida 15 Norte, Viña del Mar. This is recognized by the representative of the establishment Don Vicente Vásquez Marcelo Trincado to fs. 8 adding circumstances that depict the extent of the coup who experiences derived from being dropped. Fs absolving positions. 55 reiterates this situation, recognizing that Dona Ana Carvajal Tobar slipped and fell to the ground in local Homecenter Sodimac, that such a thing happened in the place where they are located hygiene items the day of the accident Homecenter workers cleaned the floor Sodimac the overall local with the company cleaning and such cleaning is carried out because another customer had liquid detergent. 2 .- That, as set out above, it credited the responsibility of the company Homecenter SA represented by Mr. Marcelo Vicente Vasquez Trincado to whom it was served with the demand for fs. 11, 12 and 13 and provided with fs. 13 row., As appears in the printed certificate to fs.16 .- Moreover, answering the demand fs. 24 is not questioned by the defense of passive standing SA Homecenter of the company to be sued, but the inappropriateness of the application in the species of Law 19,496 attended the event not to consider the plaintiff as a consumer of Homecenter SA or the defendant as a supplier of that. He adds that in Viña del Mar, SA Homecenter has no shop or establishment and referred to as Homecenter Store belongs to a different corporation as credit, proof that was not produced in these cars. 3 .- That the moral damage suffered by the plaintiff is sufficiently established with the background added to fs. 3, 20, 21, 22, 23, 64, 65, 66 and in this instance to fs. 87, 88 and 89 .- In the same and even the statements of the defendant company representative Mr. Marcelo Vicente Vasquez Trincado to have been mentioned, it is shown that indeed Dona Ana Carvajal Tobar, after the fall, spent some minutes on the ground, was referred to the store Polyclinic paramedic for initial screening and then was sent to Reñaca Clinic where he was ordered to rest for 15 days .- He suffered injuries, head injuries, the Cervis, the right wrist, legs, shoulders and hips. Such conditions are supporting the moral damage that the person experiences, this is mental pain or suffering, impairment and distress resulting from acts attributable to third parties. Consequently given the assumptions set out in Articles 2314 and 2329 Civil Code to access the claim for damages resulting from such damage by the amount that this Court, ruling in accordance with the rules of sound judicial discretion shall determine as the analysis of the evidence presented. 4 .- That, however does not exist in the file history to justify the compensation claimed for loss of profits. And see also the provisions of Articles 14, 32 and 35 of Law 18287 is hereby revoked and the original ruling of September 3, 2002 written to fs. 72 and 73 and is declared. 1 .- The company is doomed to Homecenter SA to pay a fine of 5 UTM 2 .- That gives rise to the lawsuit filed by Dona Ana Amelia Carvajal Tobar fs. 11 only in that company is convicted to pay the sum of two million pesos ($ 2,000,000) for pecuniary damage claimed more adjustments to be determined under the consumer price index to the date of notification of this decision and the actual payment and current interest determined as set forth. No order for costs against the defendant for not having been defeated completely. Sign up and be refunded. Role No. 1310-03 .- Writing integral attorney Farren Mr Fernando Cornejo.
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