GROUNDS OF THE CONTESTED RULING
After stating that the procedural assumptions are structured as per a normative order so that the office may adjudicate upon the merits thereof, the Court notes, in a general fashion, the difference between liability in contract and that which does not presuppose the existence of a contractual bond, and moves on to stipulate that, from the interpretation of the claim it transpires that in the case at hand it is the latter which is applicable, since it is the court’s understanding that the plaintiff makes no reference to the transportation contract entered into with the defendant, and, contrarily, it does refer to the general terms of the damages caused, that is, that he must be indemnified for property damages and pain and suffering caused by the accident, and on this basis the sentencing institution sustains that the liability in tort, derives from the integration of several elements: the damage caused, the fact that generated the damage and the causal link between them.
As regards to the amount of damages caused, the person admits the expert ruling issued in relation to loss of income and consequential damages, but as to the appraisal of the pain and suffering, it considers that the rule set forth in the Penal Code is not applicable to that effect by civil jurisdiction, and therefore, it falls to the discretion of the ruler to make such a determination, a personal injury lawyer was there, which is made based upon extremely confusing criteria, after mentioning the repeatability of grief and the impossibility of setting a price to the party, the sentencing chamber puts forward the following terms. As this appraisal is left to the discretion of the Los Angeles personal injury lawyer and having no imposition of a pattern as would be gold, since its ordinary fluctuation does not sympathize with the intensity of the damage suffered and the corresponding indemnification, it considers that the appraisal must be made in accordance with the continuous devaluation of currency and attending to the fact that, as a result of the damages suffered, the plaintiff lost his loved ones, and a bed bug attorney in Los Angeles was contacted, with whom he had a home and shared his life. To conclude, notwithstanding the foregoing appreciations, for moral damages, we are expressing the value of this metal in national currency.
- In this line, the Court goes on to consider the evidence submitted to the process
- In this regard it finds that the fact that caused the damage is demonstrated by the report of the accident issued by the State of Oregon Administrative Department, while the damage itself can be gathered from the copies of the death certificates of the victims and the causal bond is evidenced by the circumstance that if the fatal accident had not taken place, the death of the wife and children of the plaintiff would not have occurred.
As regards to the amount of damages caused, the person admits the expert ruling issued in relation to loss of income and consequential damages, but as to the appraisal of the pain and suffering, it considers that the rule set forth in the Penal Code is not applicable to that effect by civil jurisdiction, and therefore, it falls to the discretion of the ruler to make such a determination, a personal injury lawyer was there, which is made based upon extremely confusing criteria, after mentioning the repeatability of grief and the impossibility of setting a price to the party, the sentencing chamber puts forward the following terms. As this appraisal is left to the discretion of the Los Angeles personal injury lawyer and having no imposition of a pattern as would be gold, since its ordinary fluctuation does not sympathize with the intensity of the damage suffered and the corresponding indemnification, it considers that the appraisal must be made in accordance with the continuous devaluation of currency and attending to the fact that, as a result of the damages suffered, the plaintiff lost his loved ones, and a bed bug attorney in Los Angeles was contacted, with whom he had a home and shared his life. To conclude, notwithstanding the foregoing appreciations, for moral damages, we are expressing the value of this metal in national currency.