Fallo de la CSJN: Accidente de tránsito. Acción interpuesta por el sucesor de una víctima fallecida antes del inicio de la demanda.

La Corte Suprema de Justicia de la Nación dejó sin efecto la sentencia de la Cámara Nacional de Apelaciones en lo Civil, Sala L, que había avalado el rechazo de la acción por la cual se reclamó una indemnización como consecuencia de un accidente de tránsito. El reclamo había sido intentado por el hijo de una mujer que falleció a raíz de dicho accidente antes de que tuviera lugar la interposición de la demanda, habiendo obedecido el rechazo a la consideración de que el actor no se encontraría legitimado para iniciarla. Para arribar a esta decisión se destacó que el actor efectuó el reclamo por derecho propio, concluyéndose que si la damnificada directa no promovió oportunamente el reclamo, su sucesor no puede invocar su condición de tal para solicitar el resarcimiento ahora pretendido. El Máximo Tribunal -compartiendo los términos del dictamen de la Procuración General- consideró que la instancia anterior incurrió en una contradicción dado que tuvo como acreditado que la causante inició el trámite de mediación obligatoria antes de fallecer y afirma que el comienzo del referido trámite puede ser tenido “lato sensu” como demanda judicial.

«Recurso de hecho deducido por la actora en la causa Varela, Norberto c/ Transportes Automotores Plaza y otros s/ daños y perjuicios», Corte Suprema de Justicia de la Nación, sentencia del 7/7/2015.

 

 

Ver fallo completo: Varela Norberto -CSJN-

40 comentarios de “Fallo de la CSJN: Accidente de tránsito. Acción interpuesta por el sucesor de una víctima fallecida antes del inicio de la demanda.

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