Acórdão nº 9530792 de Court of Appeal of Porto (Portugal), 27 de Junho de 1996
Magistrado Responsável | SOARES CURADO |
Data da Resolução | 27 de Junho de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR RESP CIV / DIR OBG. DIR PROC CIV - RECURSOS.
Legislação Nacional: CCIV66 ART494 ART496 N3 ART566 N3 ART804 N2 ART483 N1. CPC67 ART668 N1.
Jurisprudência Nacional: AC STJ DE 1981/01/22 IN BMJ N303 PAG203. AC RC DE 1988/07/12 IN BMJ N379 PAG655. AC RP DE 1980/05/02 IN CJ T3 ANOV PAG59.
Sumário: I - O grau de culpabilidade do agente, a que o artigo 494 do Código Civil manda atender, apenas pode servir para reduzir excepcionalmente a indemnização a valor inferior ao dos danos e não para agravá-la para valor superior ao dos próprios danos. II - Se do acidente resultou a fractura de dois ossos do antebraço direito, motivando uma intervenção cirúrgica para osteossíntese das fracturas, com colocação de placa e parafusos, tendo o lesado sofrido internamento hospitalar desde 12 a 25 de Junho de 1993 e sido submetido a exercícios de fisioterapia, com que sofreu dores, observado na consulta externa até 8 de Abril de 1994, data em que pôde retomar a sua actividade normal, estando indicado que se sujeite a nova consulta externa para programação de nova intervenção cirúrgica para a remoção das placas e...
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