The owner of a Volkswagen Touareg drove his car on the Arti-Mikhailovsk road. Suddenly the car hit a pothole and was damaged right front and rear wheel.
The traffic police at the scene of the accident drew up a certificate of deficiencies in the roadway and determined the size of the pit at 103 x 278 x 15 cm.
Jasmine LLC was responsible for maintaining the roadway at the accident site.
Experts estimated the damage at 231,399 rubles, and the car owner filed a lawsuit against the organization at the Leninsky District Court of Yekaterinburg. In the progress statement, the car owner has included legal costs, diagnostic costs, compensation for representative services, postage costs and state tax in addition to the damage amount.
The court demanded full compensation – 231,399 rubles, as well as court costs, and only reduced the amount for paying the services of a representative – from 30,000 to 15,000 rubles.
Jasmine tried to appeal the decision of the district court to the Sverdlovsk Regional Court, arguing that the plaintiff had committed traffic violations and therefore could not slow down in time for the pothole. But there, too, they agreed with the conclusion of the Court of First Instance that “a direct causal link between the defendant’s failure to comply with its obligations to maintain the roadway in good condition and the damage caused to the plaintiff.
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As a result, the road workers were ordered to pay 262,054 rubles to the injured car owner.
A source: Sverdlovsk Regional Court
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