2023-07-17 10:01:12
Posted on: July 17, 2023
It is up to appeal; Magistrate understood that there was a failure of the municipality by not properly conserving the public road
ADAM BAZANI
Judge Fernanda Pereira de Almeida Martins, from the 9th Public Treasury Court of the São Paulo Court of Justice, condemned the city of São Paulo to pay R$ 20,000 in compensation to a passenger who was injured when boarding a bus because of a hole in the road. The city will still have to pay another R$ 3 thousand for procedural costs.
Appeal is possible. The decision is dated Friday, July 14, 2023, and was published this Monday (17).
The accident took place in July 2020 in the central city area.
The passenger alleges that she went to board a bus belonging to the company Sambaíba Transportes Urbanos and lost her balance because of the hole between the guide and the bus.
The woman sprained her ankle, suffered abrasions and had to stay away from work, requiring assistance from the INSS.
The victim also sued SPTrans (São Paulo Transporte) and Sambaíba.
In the case of SPTrans, the judge dismissed responsibility for the fact that it was only a transport manager. In the case of Sambaíba, there was an agreement between the passenger and the company, which resulted in the bus company not being condemned.
In the decision, the magistrate highlighted that it is the duty of the public authorities to take care of the conservation of public roads and that all the evidence presented by the passenger, including the image, link the accident to the state of the street.
The images attached to the file by the plaintiff on pages 19/21 clearly show the extensive hole in the public road next to the curb, exactly at the bus stop for passengers to board and disembark at the location of the facts. It also demonstrates medical leave from work due to the accident and the granting of sickness benefit by the INSS. It also includes the communication of an accident at work and the report of her physiotherapist narrating that the author suffered an ankle sprain when trying to board the bus and fell into the hole in the public road. Said documents, combined with the testimonies collected at the hearing, are sufficient to prove the causal link between the fall into the hole on a public road and the damage suffered by the plaintiff.
Initially, the passenger asked for BRL 35,000, but the judge considered the amount of BRL 20,000 more appropriate.
The amount of compensation must compensate for the pain suffered, and arbitrated according to the circumstances. It should not be a source of enrichment, nor inexpressive. Thus, taking into account the plaintiff’s socioeconomic level and the circumstances in which the harmful event occurred, I set the amount of BRL 20,000.00 as the amount to be indemnified, considering, therefore, the amount claimed in the complaint to be excessive. Based on the foregoing and the rest of the records, I JUDGE this action is PARTIALLY GRANTED and the case is extinguished, with resolution on the merits, pursuant to art. 487, item I, of the Code of Civil Procedure, to sentence the defendant to pay the plaintiff the sum of BRL 20,000.00 for non-pecuniary damages, including monetary correction, from the time the damage amount is arbitrated (Precedent No. of the A. STJ), and default interest, from the harmful event (Precedent No. 54 of the A. Superior Court).
look for the Transport Diarythe municipality replied that the PGM informs that the Municipality of São Paulo has not yet been notified of the decision.
Adamo Bazani, journalist specializing in transport
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