Home » Child overwhelmed and killed in the garden of the house in Cappella Maggiore. The Supreme Court: “The insurance pays”

Child overwhelmed and killed in the garden of the house in Cappella Maggiore. The Supreme Court: “The insurance pays”

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Tragedy of 2008, the grandfather was driving the camper. “Damage to be compensated even if the accident is in a private area”

MAJOR CHAPEL. The Supreme Court obliges to compensate all accidents on private land and gardens. A turning point in jurisprudence, by virtue of a sentence on the tragic death of Daniele Peresano, the child of Anzano di Cappella Maggiore, who in May 2008 lost his life overwhelmed by his grandfather, for a very tragic mistake, during a maneuver with the camper in the garden home.

THE SENTENCE

The 9 judges of the Supreme Court of Cassation, at United Sections, accepted the appeal presented by Daniele’s family. After 13 years of judicial battle, with family members assisted by the Giesse Compensation Damage group and the legal trustee Alessandra Gracis, the magistrates who coordinate the highest level of Italian Justice have recognized that the failure to compensate for damage by the Vittoria insurance company, on the assumption that the accident had occurred in a private area.

“REVOLUTIONARY PRONUNCIATION”

This is why they “quashed” the sentence that instead gave the insurance company reason, postponing the Milan Court of Appeal for a further decision, which will now have to take this important indication into account, reformulating the sentence in favor of the Peresano family. of a revolutionary ruling: thanks to this decision, from today, finally also in Italy not only this accident but all those that will take place in private places, such as land and courtyards, will have to be compensated by the insurance companies of the vehicles involved – explains Claudio Dal Borgo, manager of the Treviso offices in Giesse – We are proud to have fought strenuously alongside poor Daniele’s family. From today not only the Peresano family, but whoever unfortunately remains involved in accidents in private places, will at least have the justice they deserve ».

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JURISPRUDENCE

Ferdinando Mometti, Daniele’s grandfather, was 68 years old at the time. In the course of an incorrect maneuver with the camper he killed the youngest of his three grandchildren who had caught up with him while he was carrying the vehicle out of the garage. The man was being investigated; “a tragedy within a tragedy” as the prosecutor Antonio Foiadelli defined it at the time.

A tragic fatality, that accident. But the subsequent judicial process was tiring. In 2019, the opinion of the United Sections of the Supreme Court was requested for the first time. This is the crux: in Italy, the civil liability of vehicles covers only if the accident occurs during road traffic on “public roads or roads equivalent to these”, not in private areas, but according to European legislation, however, the damage refers to ” any space in which the vehicle can be used in a manner consistent with its usual function ‘. These days the answer.FRANCESCO DAL MAS

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