Acórdão nº 96A193 de Supremo Tribunal de Justiça (Portugal), 18 de Junho de 1996 (caso NULL)
Magistrado Responsável | CARDONA FERREIRA |
Data da Resolução | 18 de Junho de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR RESP CIV. DIR PROC CIV - RECURSOS.
Legislação Nacional: CE54 ART1 N2 ART14 N1 N3 A ART57. CE94 ART50 N1 A ART133 N1. CPC67 ART273 N2 ART664 ART729. CCIV66 ART350 ART503 N3 ART564 ART566 ART805 N3.
Jurisprudência Nacional: ASS STJ DE 1983/05/14 IN DR IS 1983/06/28. ASS STJ DE 1994/01/26 IN DR IS 1994/03/19.
Sumário : I - Desde que, perante quesito expresso sobre a possível desatenção da vítima de acidente de viação, se respondeu não provado, não se pode, sob pena de insanável contradição, na decisão de direito, concluir por inadvertência, por falta de exigível atenção e cuidado. II - Não se podendo concluir, atendendo aos factos provados e, quesitados, não provados, por culpa da vítima, restaria decisão na base do risco ou na de culpa do responsável pela outra viatura interveniente no acidente. III - Ofendia o artigo 14, n. 3, alínea a) do Código da Estrada de 1954 o estacionamento da viatura tipo camião, em noite de chuva, ocupando parte da berma e 1,60 metro de faixa de rodagem da rua com 3 metros em cada sentido de trânsito. IV - Mesmo para quem...
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