Acórdão nº 9840645 de Court of Appeal of Porto (Portugal), 29 de Setembro de 1999
Data | 29 Setembro 1999 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE.
Área Temática: DIR CIV - DIR OBG / DIR RESP CIV.
Legislação Nacional: CCIV66 ART494 N3 ART496 ART562 ART564.
Jurisprudência Nacional: AC STJ DE 1976/01/09 IN BMJ N253 PAG157. AC STJ DE 1997/05/10 IN BMJ N267 PAG144. AC STJ DE 1998/06/14 IN BMJ N278 PAG172. AC STJ DE 1981/05/19 IN BMJ N307 PAG242. AC STJ DE 1986/06/08 IN BMJ N357 PAG396.
Sumário: I - Tendo o acidente resultado de culpa exclusiva da arguida e devendo o montante da indemnização por dano não patrimonial ser fixada equitativamente, não merece censura o montante de 10 mil contos pelo da invalidez ( resultante de tetraparésia determinante de 100% de incapacidade permanente, tratando-se de um jovem de 17 anos, que se encontra algaliado, em drenagem contínua, totalmente dependente de terceiros ) e o de 5 mil pelas dores e padecimentos que sofreu ( pelos particularmente dolorosas fracturas do fémur direito, tíbia esquerda e C4 e C5, potenciadoras de constante perigo de vida, com sujeição a três intervenções cirúrgicas, internamentos hospitalares, infecções urinárias ). É equilibrado e dentro dos critérios legais o montante de 15 mil...
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