Civil Liability and Inadmissibility of the Appeal: Commentary on the Judgment of the Court of Cassation, Ord. No. 6826 of 2021
The recent judgment of the Court of Cassation, No. 6826 of 2021, offers significant insights regarding civil liability and the correct formulation of appeals. In the case at hand, a motorcyclist, N.A., requested compensation for damages due to a road accident, claiming that the fall was caused by an oily substance present on the roadway. However, the Court deemed the appeal inadmissible for multiple reasons, highlighting the importance of strictly adhering to procedural rules.
Procedural Violations and Inadmissibility of the Appeal
The appellant reported violations related to Article 2700 of the Civil Code and Article 132 of the Code of Civil Procedure, but the Court emphasized that the appeal did not meet the requirements set forth in Article 366 of the Code of Civil Procedure, paragraph 1, no. 6. In particular, the appellant referred to documents from the merits proceedings without providing precise indications, limiting themselves to generic references. This made it impossible for the Court of Cassation to conduct an adequate examination.
It is sufficient that even one of the rationes decidendi on which the challenged decision is based has not been appropriately contested for the appeal to be rejected in its entirety.
The Liability of Public Administration
A central aspect of the judgment concerns the liability of public administration in the event of road accidents. The Court confirmed that the public administration can be exempted from liability under Article 2051 of the Civil Code if it demonstrates that the harmful event was caused by external and unknowable factors. In the specific case, the Court considered that the release of the viscous substance occurred shortly before the accident, which excluded any possibility of intervention by Rome Capital.
Conclusion
Judgment No. 6826 of 2021 represents an important ruling on the issue of civil liability and the requirements for the admissibility of appeals. It underscores the importance of a correct formulation of the grounds for appeal and the necessity to clearly and precisely demonstrate the responsibilities of the parties involved. Jurisprudence continues to reiterate that the burden of proof lies with those requesting compensation, and documentary deficiencies can compromise even the most deserving cases.
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