Commentary on the Judgment of the Court of Cassation, Civil Section III, No. 21087 of 2015: Assessment of Moral Damages
The ruling of the Court of Cassation No. 21087 of 2015 offers significant insights regarding the assessment of moral damages in the event of the death of a relative. In particular, the Court examined the dispute related to a workplace accident, establishing fundamental principles on the equitable evaluation of moral damages awarded to the victim's family members.
The Context of the Judgment
In this case, the Court of Appeal of Palermo had reduced the amount of moral damages initially awarded by the Tribunal of Sciacca. The appellants, parents and relatives of the victim, challenged this decision, arguing that the reduction was unjustified and lacked adequate reasoning. This judgment has thus opened an important discussion on the necessity of clear and detailed reasoning in the assessment of moral damages.
The equitable assessment of moral damages must take into account the severity of the event and the subjective conditions of the person.
The Reasons for the Decision
The Court upheld the family members' grounds for appeal, considering that the Court of Appeal had violated the principles of equity and reasoning. In particular, it emphasized that:
- The reduction of moral damages must be justified by concrete and specific criteria.
- The judge must consider the severity of the injury and the subjective conditions of the victims.
- The lack of adequate reasoning renders the decision arbitrary and uncontrollable.
This ruling aligns with the jurisprudential principles already established by the Court of Cassation, according to which the equitable assessment of damages must always consider the specificities of the concrete case.
Conclusions
The Court of Cassation, with judgment No. 21087 of 2015, reiterates the importance of reasoning in civil law, especially when it comes to the assessment of moral damages. The decision of the Court of Appeal was quashed, with a referral for a new evaluation, so that adequate justification is given for the quantification of the damage, respecting the rights of the victim's relatives. This represents an important step towards a fairer and more transparent justice system that recognizes the value of human suffering in situations of severe loss.
