Civil - Comercial
Páginas | 41-42 |
Page 41
Ação de indenização. Danos materiais e morais. Atropelamento em via férrea. Configuração da culpa concorrente. Precedentes da corte. 1. A jurisprudência desta Corte orienta que, nos atropelamentos em via férrea, resta configurada a culpa concorrentes das partes envolvidas no acidente, quando apurada a imprudência do pedestre em transitar inadvertidamente sobre os trilhos e, de outro lado, da empresa que explora essa atividade por não “impedir sua invasão por terceiros, notadamente em locais urbanos e populosos” (EREsp 705.859/SP, Rel. Min. Castro Filho, DJ 8.3.2007). 2. Recurso Especial parcialmente provido. (STJ - Rec. Especial n. 1070488/SP - 3a.T. - Ac. por maioria - Rel.: Min. Sidnei Beneti - Fonte: DJe, 14.12.2009).
Civil. Responsabilidade. Ação de indenização por danos morais, contratação fraudulenta de auxílio-funeral. Equívocos prontamente solucionados. Mero aborrecimento. Prejuízo não configurado. Apelo conhecido e não provido. Ausente violação à honra da autora e como os equívocos foram prontamente reparados, tudo não passou de mero aborrecimento ou dissabor do cotidiano, o que não enseja dano moral indenizável. Manutenção da sentença por seus próprios fundamentos. (TJ/PR - Ap. Cível n. 591208-7Curitiba - 10a. Câm. Cív. - Ac. unânime - Rel.: Des. Vitor Roberto Silva - Fonte: DJ, 17.12.2009).
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