Wrongful Death and Damages Claim: Silva vs. Bar Border Transport Ltd.
Wrongful Death and Damages Claim
Maria da Silva and John Jr. da Silva vs. Bar Border Transport Ltd. and Peter Put Breton
Case Filed: April 4, 2011
Court: County of Single Stick, Garopaba, Santa Catarina
Plaintiffs:
- Maria da Silva (widow of John Smith)
- John Jr. da Silva (minor son of John Smith, represented by his mother)
Defendants:
- Bar Border Transport Ltd.
- Peter Put Breton (driver)
Facts
On January 20, 2011, a fatal car accident occurred on BR 101 highway, near Clover, Garopaba, Santa Catarina. John Smith, husband of Maria da Silva and father of John Jr. da Silva, was killed when his car was struck head-on by a truck owned by Bar Border Transport Ltd. and driven by Peter Put Breton. The police report indicates that Mr. Breton fell asleep at the wheel and crossed into oncoming traffic, causing the collision. Mr. Smith’s death was instantaneous.
Liability
The Brazilian Traffic Code (Law 9.503/97) mandates that drivers maintain control of their vehicles and exercise due care. Mr. Breton’s actions clearly violated this law. Evidence from the police report and witness testimonies confirms Mr. Breton’s negligence as the direct cause of the accident. Articles 186 and 927 of the Civil Code establish the defendants’ liability for damages resulting from their negligence.
Owner’s Liability
Articles 932 and 933 of the Civil Code establish the joint liability of the vehicle owner, Bar Border Transport Ltd., for damages caused by its driver. This liability exists regardless of the owner’s direct involvement in the accident.
Moral Damages
The plaintiffs seek compensation for moral damages suffered as a result of Mr. Smith’s death. Article 5, sections V and X, of the Brazilian Constitution guarantees the right to compensation for moral damages. The plaintiffs request the court to determine an appropriate amount to compensate for their pain and suffering and to deter future negligence.
Material Damages
The plaintiffs seek compensation for the following material damages:
- Loss of Mr. Smith’s vehicle (BMW X6, 2011 model, valued at R$200,000.00)
- Funeral expenses (R$14,534.26)
- Loss of income: Mr. Smith, a successful plastic surgeon, provided 70% of the family’s monthly income (R$40,000.00). The plaintiffs request a lifelong monthly pension equivalent to two-thirds of this amount, as per Article 948 of the Civil Code, to compensate for the loss of support.
Total Damages Claimed
The total material damages claimed are R$214,534.26. The plaintiffs also request moral damages to be determined by the court.
Request for Relief
The plaintiffs request the court to:
- Order the defendants to pay R$214,534.26 in material damages, plus interest and arrears.
- Order the defendants to pay a lifelong monthly pension of two-thirds of R$40,000.00.
- Award moral damages to be determined by the court.
- Order the defendants to pay court costs and attorney fees (20% of the total award).
- Allow the presentation of all admissible evidence, including witness testimony and documents.
Case Value: R$214,534.26
Respectfully submitted,
Camila Leonardo Nandi
OAB/SC