La CSJN revocó una imposición de costas a la demandada por apartarse del principio de costas al vencido sin argumento válido

SÍNTESIS.- El actor demandó la reparación de una incapacidad del orden del 20% de la total obrera, derivada de un accidente in itinere, que la ART no había reconocido.

La sentencia de primera instancia rechazó la pretensión con costas al vencido. Fue determinante la falta de demostración del daño resarcible pues el demandante había sido declarado renuente en la producción de la prueba pericial médica por no haber concurrido a la citación cursada por el perito interviniente a fin de ser examinado.

La Sala III de la Cámara Nacional de Apelaciones del Trabajo confirmó, por unanimidad, el fallo recurrido en lo sustancial pero, por mayoría, modificó la imposición de costas imponiéndoselas en ambas instancias a la demandada. En esa oportunidad el actor acompañó un escrito para justificar la incomparecencia a la citación con el médico, lo que llevó a la Cámara a llevar a cabo una nueva prueba pericial como medida para mejor proveer, sin embargo el demandante nuevamente no concurrió a las entrevistas, a pesar de haber sido reiteradamente emplazado.

La demandada apeló tal imposición de costas, cuya denegación motivó la queja a la CSJN que dejó sin efecto lo resuelto por el a quo en materia de costas habida cuenta de que la sentencia recurrida, en ese aspecto, exhibe una manifiesta arbitrariedad que la descalifica como acto jurisdiccional válido.

La Corte resaltó que la decisión de liberar al demandante de las costas del juicio se aparta ostensiblemente y sin sustento válido del principio contenido en el art. 68 del Código Procesal Civil y comercial de la Nación que encuentra su razón de ser en el hecho objetivo de la derrota.

El máximo tribunal sostuvo que las construcciones argumentales del tribunal de Alzada vinculadas con la garantía de acceso a la justicia solo proporcionan al fallo un sustento aparente ya que no guardan vinculación con la hipótesis de autos.  Asimismo expresó que debió juzgarse la responsabilidad por los gastos de un proceso cuyo resultado fue adverso como exclusiva consecuencia del obrar negligente del actor.

López, Enrique Eduardo c/ Horizonte Compañía Argentina de Seguros Generales S.A. s/ accidente, CSJN, 4/07/17 

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35 comentarios de “La CSJN revocó una imposición de costas a la demandada por apartarse del principio de costas al vencido sin argumento válido

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