In Brazil, the São Paulo Court of Justice upheld a conviction for material and moral damages against a road transport company. According to reports, during the trip the bus's luggage compartment opened and a passenger's suitcase was lost. Understand the case.
The 20th Chamber of Private Law of the Court of Justice of São Paulo upheld the sentence, handed down by judge José Roberto Lopes Fernandes, of the 1st Civil Court of Catanduva, which ordered a road transport company to compensate a woman who had a suitcase lost during her trip. The compensation was set at R$ 10 thousand, for moral damages, and R$ 3,051.00, for material damages.
The records show that the woman traveled with her daughter on a bus from that company to spend the end of year festivities with her family. During the journey, the bus' luggage compartment opened and, after stopping to close it, the driver did not check whether any luggage had been lost. After arriving at her destination, she was informed that her luggage had been lost.
“It is undeniable that the loss of a passenger's luggage during a trip during the holiday season, resulting in the loss of all their belongings, cannot be considered a mere unpleasantness of everyday life”, stated the appeal's rapporteur, judge Roberto Maia. “The moral damage arising from the poor provision of a passenger transport service, as narrated in the specific case, with its circumstances, does not require proof, as it emerges latently from the facts”, he concluded.
Judges Álvaro Torres Júnior and Correia Lima were also part of the judging panel and followed the rapporteur's vote.
Appeal nº 1007696-77.2014.8.26.0132
Source: TJ-SP
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