Acórdão nº 070067 de Supremo Tribunal de Justiça (Portugal), 30 de Novembro de 1982
Magistrado Responsável | MAGALHÃES BAIÃO |
Data da Resolução | 30 de Novembro de 1982 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART494 ART496 ART500 ART503 ART508.
Sumário : I - Age com culpa lata, grave ou grosseira o condutor de um auto pesado de mercadorias, sem carga, que, em estrada recta, com boa visibilidade, mas com piso de paralelipípedos, molhada e escorregadia, em zona densamente povoada e em troço marginado por grande número de casas de habitação, com 6 metros de faixa de rodagem e bermas de 1 metro, se desloca à velocidade de 70 Km/h. e só trava na iminência de não poder passar entre um veículo pesado, à sua frente, e outro que se aproxima, este quase parado e encostado à parede, em consequência do que perdeu a direcção e, deslizando vertiginosamente, foi esmagar de encontro à parede, destruindo-o, aquele 3. veículo. Não tem, por isso, cabimento o uso da faculdade conferida pelo artigo 494 do Código Civil. II - Não é excessiva a indemnização de 80000 escudos atribuída a um menor com perto de 4 anos de idade que, em consequência de tal acidente, ocorrido em Julho de 1976, sofreu fractura da clavícula esquerda e contusões no ombro e no crâneo, revelando tão grande abalo psíquico que padeceu de perturbações nervosas que implicaram a necessidade de ser periodicamente...
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