failure
Santiago Appeals Court confirms fines for electric utilities by September 2002 blackout
In a unanimous decision (roles 5782-2004, 5783-2004, 5784-2004, 5785-2004, 5792-2004, 5845-2004, 5847-2004, 5912-2004, 6014-2004 and 6026-2004) the ministers of the Ninth Division of the appellate court Jorge Dahm, Emilio and Maria Rosa Elgueta Kittsteiner (alternate) rejected the resources of claim submitted by 10 companies against decisions of the Superintendency of Electricity and Fuels (SEC), an agency in August 2003 saw a series of fines reaching a total over $ 5.000.000.000 (five billion pesos).
Electricity companies were punished San Isidro, Endesa, Pehuenche, Pangue, Colbún, Eléctrica Santiago, CGE Transmission Guacolda Transelec and after settling in the process: "(...) The origin of the blackout was cut from one line conductors above by metal fatigue. It was also established that the protections, electronic devices that detect a fault and issuing orders to open automatic electromechanical elements to isolate and reduce its effects, to be operated erroneously by poorly programmed, resulting in the collapse of the system, at about 3 seconds. Once produced the cut, the service recovery was delayed because they could not go and synchronize with the central system and Machicura Colbún and turbine TG 9 B Colbún property. The first could not synchronize High Jahuel, because they operated the remote shutdown switch interconnection which prevented the remote-reconnection. The turbine does not work because it missed its self-starting system. "
fines on undertakings were: San Isidro
: 500 Units AnualesEndesa Tax: 1,500 Tax Units Anuales.Pehuenche: 1,500 Anuales.Pangue Tax Units: 1,000 units Anuales.Colbún Tax: 2,450 Tax Units Anuales.Eléctrica Santiago: 1,000 Gener Anuales.Aes Tax Units: 1,500 units set aside Tax .. CGE
: 1,000 Anuales.Transelec Tax Unit: 1,500 AnualesGuacolda Tax Units: 1,000 Units Annual Tribuatarias.
failures endorse sanctions and SEC investigation, which stated that "on Monday, September 23, 2002, being 11:24 hours there was a widespread power outage or blackout in the Central Interconnected System (SIC) from Tal-Such a Linares, which originated in blocking protection away SEL 321-1, after a break of a conductor in the lower phase line No. 2, 220 kV, Alto Jahuel Cerro Navia, owned by the transmission company HQI Transelec SA Service was restored gradually to be restored approximately at 13:15 hours "
The Santiago Appeals Court upheld a series of fines for 9 companies linked to the electricity sector (generation and transmission) for the responsibility that they fit into the apagón (black out) ocurrido el 23 de septiembre de 2002 y que provocó una caída general del sistema eléctrico entre Tal Tal y Linares.
Corte Suprema condena a sostenedora educacional por publicidad engañosa en carrera de perito criminalístico
La Corte Suprema ratificó que la Corporación Santo Tomás para el Desarrollo de la Educación y La Cultura debe cancelar una multa a beneficio fiscal e indemnizaciones a estudiantes de la carrera de perito forense, por publicidad engañosa.
En fallo dividido (en causa rol 7855-2008), los ministros de la Segunda Sala del máximo tribunal Jaime Rodríguez, Rubén Ballesteros, Hugo Dolmestch, Carlos Künsemüller member and attorney Luis Bates, rejected the appeal presented against the ruling of the Court of Appeals of Temuco (role 934-2008), which had upheld the complaint against Consumer Law Institute Santo Tomás, local headquarters.
The ruling orders the Institute sustaining entity to pay a fine of 50 UTM (equivalent to $ 1,832,250) in tax benefits. In addition, you must cancel the sum of $ 500,000 (five hundred thousand dollars) to each of the 85 plaintiffs as compensation for moral damages.
The resolution says that there was false advertising by offering a race without the labor bid. "That, in the above above, it is clear that advertising which is analyzed and appraised as a whole according to the weight analysis, contains a clear error inductive element, to be true what is not in the procurement of services: the existence of sources of employment in new field of criminal justice which, as has been shown, is not entirely effective. Otherwise said, was carried out without publicity alleged studies, investigations and preliminary consultations feasibility or market that would enable the defendant to prove Corporation, as required by art. 33 of the Law on Protection of Consumer Rights of-the truthfulness of the information contained in the advertising of the services offered. It failure to observe about the verifiability principle of publicity, proper protection of the rights of consumers, as reflected in comparative law and authoritative history of the establishment of the law (fjs. 196 et seq.) Nor was noted in the advertising of yore that industrial sources as new services offered in the public sector would depend on the speed of progress of implementation of the reform of criminal procedure, as argued in post for no reason the defendant. Had the latter proceeded with the most basic care, would have found-and thus "have known" (Article 28 of the Consumer Protection Act) - the lack of courses offered in the public domain at the time of their bids, ie be promoted as something that was not true, "says the resolution.
The decision was adopted with a vote against the ministers Ballesteros, who was in favor of not applying the Consumer Law for this case because it is a collective action that are handled in civil courts, and the contrary opinion of Dolmestch minister, who was in favor of keeping the lower court ruling that had rejected the action.
Supreme Court confirms drugstore chain fined for not keeping drugs available to the public
The Supreme Court confirmed that the drugstore chain Salco Brand. SA must pay a fine of 50 monthly tax units (equivalent to $ 1,832,250) for not maintaining a permanent and visible stock of products available to the public.
In a unanimous decision (case role 3817-2009), ministers of the Second Board Nibaldo Segura, Jaime Rodríguez, Rubén Ballesteros, Sergio Muñoz and Carlos Künsemüller, determined to reject the appeal presented against the ruling of the Court of Appeals San Miguel (role 319-2009) that had ordered the aforementioned pay for violating the Consumer Act.
"which analyzes the evidence presented and taking particular consider the merit of the statements made by witnesses of the complainant, especially that of Julio Gonzalez and Pedro Pérez Ríos Parra, who in his capacity as supervisors of the complainant, were able to personally at the premises of the alleged located in Teatinos Street No. 50, in Santiago, and Mall Plaza Vespucio, La Florida district, initially was not available to the public and permanent and visible way, as strictly ordered by the final paragraph of Article 30 of Law 19,496, a pricing of different products and medicines provided to the public and only after persistent efforts by the regulators and after a certain period, it was possible to access them, which is why it is concluded that the offending company has not complied with the provisions of the final paragraph of Article 30 and referred, as also the provisions in subparagraph b) of Article 3 of the legislation mentioned above, regarding the consumer's right to timely information of goods and services, thus these judges must apply the sanctions applicable, in accordance with the provisions of Article 24 of the Act. "says appellate court ruling.
August 25, 2009
Santiago Court of Appeals condemned for not producing a timely return ticket money
The Santiago Appeals Court ordered a producer of sports and cultural events to pay damages for violation of the Consumer Act, after postponing the realization of a show and not timely repay the money from a customer who could not attend the new date.
In a unanimous decision (case role 6340-2009), ministers of the Eighth Chamber of the court of appeals Juan Manuel Muñoz Pardo, Amanda Valdovinos and lawyer Rodrigo Asenjo member, condemned the Producer Onefashion Managment to pay a fine of 8 Tax Units and monthly compensation of $ 242,000 (two hundred forty-two thousand dollars) to Enrique Granados Araneda.
The consumer has purchased tickets to a tennis match between Pete Sampras and Marcelo Rios, initially, was held on May 18, 2008, but the meeting was rescheduled and Granados Araneda could not attend the new date.
The ruling determined that they complied with the contract between the consumer and the supplier to set a deadline for the return of the money from the cancellation of the show on the date initially set.
"That does not exist in the text of the law governing consumer rights, no provision enabling the provider to set arbitrarily deadlines to restore the price you would pay for a service that can not be provided under the conditions originally pactó.Y in the situation of cars being set on May 31, 2008, deadline for returning the ticket prices, is putting on the consumer, the burden of solving their financial problems as it expressly states the defendant to answer the transfer conferred, "the ruling said.
adds that "in the conditions listed, the supplier reported car, infringed Article 12 of Law 19,496, for failing to comply with the terms, conditions and details of the contract, making access from appellant's request to be reinstated the price paid for the tickets could not be used for unilateral postponement of the show (...) That, in respect of pecuniary damage, it generates compared to the undeniable feeling of helplessness when claiming against a company making a comfortable position to wait events, not directly respond to consumer requirements and to ignore the complaint before the Sernac communicated to it, against the expectation of abandonment by the consumer, considering the amount less than the amount lost. The situation suffered by the plaintiff, has the character of a humiliation to their rights, can and should be compensated as a feeling of legitimate helplessness. "
August 21, 2009
Santiago Appeals Court condemns computer company for lack of service
The Santiago Appeals Court ordered the company PC Factory to return the sum of $ 615,441 (six hundred fifteen thousand four hundred forty-one pesos) and a fine of 5 monthly tax units (UTM) in a lawsuit filed by a consumer who bought a computer in the company that did not work properly.
In a unanimous decision (case role 7915-2009), ministers of the First Chamber of the court of appeals Raul Rocha, Jessica Gonzalez and Emilio Pfeffer integral lawyer condemned PC Factory, in the case of risk prevention engineer Carlos Herrera Vicencio.
The consumer purchased, on 19 May 2007 - a PC Desktop Compaq Presario, which was used twice, contains errors that were not resolved by the service.
At first, the judge of the Third Court Local Providence Police Martinez Carlota Campomanes was sentenced also to pay compensation for moral damages in the amount of $ 300,000 (three hundred thousand pesos), which was dismissed in the second instance.
August 8, 2009
Santiago Court of Appeals sentenced to cancel compensation for medical negligence surgical intervention
The Santiago Appeals Court sentenced a doctor to pay compensation to a patient who was partially paralyzed the right side of his face, after surgery to remove a tumor in the parotid region .
In a unanimous decision (case role 10569-2005), ministers of the Sixth Chamber of the capital appellate court Alfredo Pfeiffer, Mario Rojas and attorney Emily Pfeffer integral ratified the Ignacio Goñi Espíldora medical oncologist must pay $ 50,055,800 (fifty million, fifty-five thousand eight hundred pesos) Pastor Maria Elena Espejo.
The Case court of appeal confirms the opinion of the owner of the Twelfth Civil Court of Santiago Rivas Carolina Vargas, who, on August 29, 2005 - decided accept payment on the grounds that Dr. Goñi Espíldora departed from the lex artis to intervene on her patient .
"The defendant doctor did not act with due diligence and care when she decided to facial nerve resection, because it was a schwannoma tumor type, because, for such a determination was necessary authorization from the patient or at least , their families, attended inevitable that causes facial paralysis such intervention and the need to schedule the most appropriate treatment for reconstruction nerve and facial mobility. Indeed, despite being effective facial nerve resection is that procedures for settlement of a schwannoma that suggests the lex artis, whether benign or malignant, so is the need to plan the best procedure for reconstruction of the nerve, necessitated postpone the decision until it has the informed consent of the patient, especially when you consider that there was no increased risk if the wait did not extend beyond the term itself being informed optional, "says court ruling.
Pastor Maria Elena Espejo, a professional translator, attended the first days of November 2000 to the doctor's Espíldora Goñi by the growth of a bulge in the upper neck, which caused him discomfort, mainly aesthetic.
The doctor determined the removal of the tumor which was scheduled for an intervention in the Hospital of the Catholic University on November 7, 2000. At the time of surgery, and after a first biopsy, Hall determined that it was a benign schwannoma tumor type, the doctor removed the tumor Espíldora Goñi and intervention cut right facial nerve, causing a facial paralysis of the whole area of \u200b\u200bthe face. According
medical literature accompanied the process, the doctor, once detected the benign nature of the tumor should have stopped the operation and discuss with the patient the consequences of the removal of it to proceed to extract it to a new opportunity. Pastor Mirror
The translator initially sued the doctor and Goñi Espídora Hospital Catholic University, but both at first instance and the appellate court, the action against the settlement was rejected on the grounds that the medical center had only the necessary infrastructure to carry out the agreed action between two individuals.
Court of Appeals Santiago sentenced to particular companies and concession road accident
The Santiago Appeals Court ordered the company Infraestructura 2000 SA, adjudictaria of the grant of the Autopista del Sol, as an individual to pay compensation of $ 13,428 joint 126 (thirteen millones four hundred twenty-eight thousand one hundred twenty-six pesos) for an accident on the highway caused by the collision of a vehicle with a horse.
In a unanimous decision (case role 10202-2006), the ministers of the Seventh Division of the appellate court Cornelio Villarroel, Mauricio Silva Cancino and Enrique Pérez integral attorney determined that the sum must be paid to the marriage of Francisco Reyes Silva and Ana Maria Gutierrez.
The compensation is divided into three items: $ 8,928,126 (eight million nine hundred and twenty-eight thousand one hundred twenty-six dollars) for damages, $ 3,000,000 (three million pesos) for impairment of the vehicle, and $ 1,500,000 (one million five hundred thousand dollars) for moral damages of Ana María Gutiérrez.
The couple circulated-the February 17, 2004 - in his Mercedes Benz ML 350 Station along the route when collided with a horse owned by Eugenio Zegers León, owner of Fundo Miramar, adjacent to the route.
The ruling determined that both Leon Zegers Infrastructure adjudged as the 2000 SA, are responsible for damage caused to the vehicle owned by the marriage, the former owner of the animal being hit and keep the necessary safeguards to prevent their escape route and the second for failing to properly maintain the highway closures.
In the latter case were sentenced to the contractor and not the concessionaire Autopista del Sol SA, which has different name and Ruth, considering that according to the Concessions Act the contractor is as responsible as the concessionaire of the maintenance of the road.
"That, as can be seen from the foregoing considerations, the legal nature of the defendant" Infraestructura Dos Mil SA, and the proper procedure the award to the conclusion that substantially bears the burden of the obligations at issue here, making it fully entitled to damages action directed against him, how much more if, following the burning of property adjacent to the route, no appears to have adopted any security measure for stricken farm animals come out to the public path, exposing the danger of drivers, "the ruling said.
In the first instance, the holder of the Ninth Civil Court of Santiago Raúl Trincado Dreyse, had determined that the payment should be taken only by Eugenio Zegers León, owner of the horse, accepting the argument of lack of standing active company. In addition, defined a greater amount to compensate.
July 27, 2009
Santiago Court of Appeals ISAPRE condemned to pay damages for not providing health coverage
The Santiago Appeals Court ordered the ISAPRE Banmédica to pay sum of $ 10,000,000 (ten million dollars) to a woman who was unjustly without health coverage in surgery.
In a unanimous decision (in case role 119-2008), ministers of the First Chamber of the court of appeals Raul Rocha, Jessica Gonzalez and Emilio Pfeffer integral lawyer condemned the health institution to pay the sum to the teacher Ferrada Alejandra Machuca.
The resolution states that the ISAPRE not comply with the contract for the provision of health affected by failing to provide medical coverage for hospital treatment in the Clinica Davila, which was admitted as an emergency, the June 13, 2001, with a diagnosis hypoglycemia.
Isapre denied coverage to women and disaffiliated, arguing that at the time of joining, in 1998, declared no preexisting hypothyroidism, hypoglycemia and suffering depressive syndrome. However, the woman three months before its membership had belonged to the same institution charge as her husband and signing the new contract, the recruiter told him he had no statement to make the pre-existence.
The decision of the appellate court determined that there was prejudice to the teacher Machuca Ferrada to leave without coverage for health treatment. "This Court considers itself accredited suffering that the plaintiff must have experienced as a result of its withdrawal from the private health system and describes the sentence on appeal, and on which individual witnesses testified at some length in the third reason above, derivatives, all of them, whether they have been abandoned by their Isapre, without access to subsidies to was entitled, which, of course, like any person, cause distress, pain, feeling of insecurity, are sufficient grounds to confirm the sentence appealed against the declaration shall be made in resolving "the ruling said.
July 23, 2009
Santiago Court of Appeals condemned mobile phone company for poor service quality
The Santiago Appeals Court ordered the company Telefónica Móviles Chile SA to pay a fine of 40 monthly tax units (UTM), equivalent to $ 1,467,280, and restitution of $ 1,000,000 (one million dollars) in moral damages by failing to respect the rights of a consumer.
In a unanimous decision (due role in 4790-2009), ministers of the Sixth Chamber of the court of appeals Alfredo Pfeiffer, Mario Rojas and Rodrigo Asenjo integral counsel, determined that the company must pay the fine and compensation for not respecting the rights Rodrigo Torres Neira.
The consumer leased, with a commitment to purchase a cell phone Sony Ericsson T250 model in that company in May 2008, but the equipment and services were never rendered properly.
The ruling determined that the company violated the Consumer Act to provide poor quality of service by the constant discontinuation.
"That, as noted, analyzed the background close to the process according to the rules of sound criticism, allow this Court to arrive at the conclusion that the alleged Telefónica Móviles Chile SA, has committed against the law for the protection of consumer rights, because of the suspensions were repeated telephone and telephone equipment disabilities themselves or on your SIM card, causing an obvious prejudice to his client, "the ruling said.
July 15, 2009
Supreme Court ordered to pay fine restaurant that refused to care for young mental disabilities
The Supreme Court annulled, ex officio, the ruling by the Santiago Court of Appeals that on October 29, 2008, rejected the complaint filed by the infraction National Consumer Service (Sernac) against the legal representative of the Budapest restaurant Nunoa by denying care to a group of young people with mental disabilities.
In a unanimous decision (due role in 6838-2008), ministers of the Second Board Nibaldo Segura, Ruben Ballesteros, Hugo Dolmestch, Carlos Künsemüller member and lawyer Nelson Pozo, although rejected the appeal presented against the ministers Eighth Courtroom of appeal, making use of its exclusive powers decided to host the presentation of Sernac, and rendered the local legal representative to pay a fine of 10 monthly tax units, tax benefit, plus the costs of the case.
The ruling states that the restaurant violated the Consumer Act to deny care to disabled youth theater group without just cause.
"For sublite, even though it started from the basis that those affected by the conduct alleged in the complaint" for his facial features "appeared to be minors, it is not effective because you can just see the video on pages 92 and the documents on pages 68 to 75, to realize that these were older of age affected with Down syndrome, to sanity and prudence required to serve you and not unreasonably deny the sale or service provision, in a building that is also turning the sale of food and beverages, in a site immediately adjacent to the street as the sidewalk and in a day and time-Thursday 10 August 2006, at approximately 17.00 hours, in which the maxims of experience can not be presumed that the end of the group of potential consumers or users were the complainants, was consuming an alcoholic beverage, so take the course that corresponded to local administrators and dependent on previously reported was to ask stakeholders what they wanted to purchase, in case these indicate that craved the acquisition of a food or nonalcoholic refreshment, supply such goods and, if the client noted its intention to implement alcohol prevention mechanism provided by the Act Ramo, controlling if concurred with his parents, and only in case of refusal, rejecting the sale of the product and the consumer's attention, but the factual situation accredited to the process in any case justified the reaction displayed by the employees of the defendant, and to be expressed at all times by the group responsible members of the Theatre Company were in full of age and only required the sale of food and nonalcoholic beverages, so it is only necessary to call this action as a refusal to provide a sale or consumption, as well as an arbitrary discrimination that was conceived from the very moment users are preparing to fill the tables to be seen, without success, "the ruling said.
July 8, 2009
Santiago Appeals Court ordered to pay compensation for a wrong shipping trade journal
The Santiago Appeals Court ordered the company Metrogas SA to pay compensation of $ 2,500,000 (two million five hundred thousand dollars) to a woman whose business background were erroneously sent Dicom trade newsletter.
In a unanimous decision (due role in 7967-2007), the Eighth Chamber of the capital appellate court, composed of the ministers Juan Manuel Muñoz Pardo, Amanda Valdovinos Jeldes member and lawyer Eduardo Morales Robles-determined that the company must pay that amount Maria Soledad Lara Santos.
Lara Santos on February 21, 2002, bought a brand kitchen Sindelen for a total value of $ 123,700, payable in 12 monthly installments of $ 11,469. However, on 27 February of that year was canceled due to lack of purchasing stock of the product, but the note did not was returned.
The document was protested by the company and the documents presented to the business information newsletter Dicom, between December 24, 2001 and June 8, 2003. On June 30, 2003, the company sent a letter acknowledging the situation of women to protest the wrong note.
The ruling states that they should pay compensation for injury to women because of their stay in the trade journal, which causes a visible impairment.
"posed in this way the controversy over the delay in clarifying the facts set gross negligence or carelessness, establishing guilt and this necessarily has an injury to the plaintiff. Indeed, it is not necessary to develop the importance or weight that is the Commercial Bulletin on the economic and social life of Chileans, which means a crash and denial of access to goods that the market offers and, as we know, most is done through term debt or purchases, whose basic requirement is not included in the Bulletin. Therefore, although the plaintiff did not prove accurate in the inconvenience that was submitted, it is clear that as a delinquent debtor had a correlation of social and commercial prestige is responsible for representing moral damages should be compensated, according to a criterion reasonable by the court, "the ruling said.
July 7, 2009
Santiago Appeals Court condemns company for not respecting consumer right to withdraw
The Santiago Appeals Court ordered the company Global Services Ltd. to pay Class a fine of 10 monthly tax units (UTM), equivalent to $ 366,820, not to respect the right to retract a consumer, who declined to continue the service.
In a unanimous decision (due role in 4068-2009), ministers of the Third Chamber of the court of appeals Lamberto Cisternas, Ana Gloria Chevesich and attorney Claudia Chaimovich member, condemned the said company for not respecting the rights of Charles Andrés López Ortega.
The consumer contracted the service offered by the company in a promotional meeting, but then asked to cancel the commitment, which was not respected by the company, which even took the first of 12 installments fixed in the contract.
The ruling determined that the company, dedicated to the promotion of tourist packages, acted negligently by failing to exercise their right of withdrawal from the consumer.
"That, consequently, appreciating the merit of cars in accordance with the rules of sound criticism, as permitted by the aforementioned law, it should take for granted that Class Global Services Ltd., reported in this cause, has acted negligently causing damage to the consumer, not realizing the right of withdrawal validly exercised by Carlos Lopez Ortega car according to the complaint, sufficiently proven, "the ruling said.
addition, the company must repay in full the fee charged to the consumer and was charged to a credit card properly adjusted according to the change in Consumer Price Index (CPI) between the date of payment and actual payment.
sentence in Chillán Court not to close timely bank credit card and send records to trade bulletin
The Court of Appeals Chillán ordered the Banco BCI-Nova to pay a fine of 5 monthly tax units (UTM), equivalent to $ 183,410, and restitution of $ 5,000,000 (five million pesos) for acting carelessly with a consumer which is not promptly closed crédito.En card split decision (due role in 1935-2009), the appellate court of the Bío Bío Region determined that the said bank should pay the amounts indicated for violating Article 13 of the Consumer Act, in the case of Claudia Montero Céspedes.La woman hired in 2005, a Visa card with the aforementioned bank, and in January 2007, agreed to close it, it was changed to another entity, however, the newly effective closure came in November 2007. Furthermore, in the period between the request for closure and effective revocation, the history of women were referred to the trade journal Dicom for an alleged debt of just over $ 5,000 (five thousand dollars) for an alleged revival of the instrument never produjo.El failure is determined that the Bank had a BCI-Nova with the consumer negligent in failing to determine the timely closure of the card and had a poor performance by sending the records to the trade journal. "That, as reasoned above to view of these judges, Nova Bank committed the offenses listed in Law No. 19,496 in his article 12 which requires all service providers to respect the terms, conditions and modalities under which has been offered or agreed with the consumer of the service, as the defendant did not pay the committed service protecting the interests of the plaintiff to send erroneous information to the financial system default in relation to the payment of a reactivation of credit card, which previously had been closed, which also constitutes an infringement of Article 23 of the Act, as there was also a poor performance the reported, quality of service provided, to include the plaintiff unreasonably as delinquent in the system finance, without taking minimum security guards, so this would not have happened, "says the ruling houses resolución.El infraction demand for moral damages in favor of the consumer to consider harm or injury suffered by the Debtor Reporting nonexistent, resulting in blocking of another business card to another bank and could not give effect to this new instrument purchases. "That is clear in the instant case, the conduct of the defendant bank to report a bad debt of applicant, Mrs. Claudia Montero Cespedes, there was the financial system, generates a natural concern and sorrow that the plaintiff did not have to suffer, mood which was corroborated by the testimony of witnesses, which they attributed to the situation arising as a result of misinformation evacuated by the defendant Bank, "said the statement .
July 1, 2009
3rd Court Oral guilty of unlawful killing a psychiatrist for suicide of patient
Third Trial Court Oral Criminal Court of Santiago pleaded guilty to unlawful killing by psychiatrist doctor Fernando Ibáñez Salgado for his role in the suicide of Jorge Eduardo Arza Cattan, which occurred on April 4, 2006, in a private medical center.
In deliberation, the judges Mallada Isabel, Marcela Sandoval and Rossana Costa unanimously determined that "on April 1, 2006 Jorge Eduardo Arza Cattan was admitted to the clinic located on Calle Oriente SA Cauquenes No. 92 to Nunoa request of his treating psychiatrist Don Fernando Ibañez Salgado for presenting a syndromic diagnosis that considered the risk of suicide, without at the time of the indications provided for by a caregiver will personally monitor 24 hours a day, minimizing the risks later materialized, because on April 4, 2006 around 07:30 pm in room No. 11 of that Clinic was found lifeless body of one who committed suicide within hours of the morning, about 05:00 hours, hanging on the neck by a wall mount the TV in the room with two belts of trousers of his property, being cause of death asphyxiation by hanging. "
view of the judgments, "the omission that is criticized by the Court the defendant was Ibañez Salgado particular form of non-availability of a permanent surveillance of its failure to appear objective and subjective phases of Fig reckless aforesaid, However since it is a health risk behavior legally tolerated, it is excluded por haberse apartado aquel de las pautas de comportamiento que le comunica la lex artis médica elevando considerablemente el riesgo letal y por consecuencia no disminuyendo ni minimizando las posibilidades de producirse el resultado”.
Asimismo, las juezas absolvieron de los cargos formulados por el Ministerio Público y la parte querellante al médico siquiatra y Director Técnico de la Clínica Oriente, Edgardo Moisés Thumala Piñeiro, y a la auxiliar de enfermería del centro médico privado, Gladys del Tránsito Barrera Muñoz. Además, las magistradas acogieron la demanda civil en contra de Fernando Ibáñez Salgado.
La audiencia de comunicación de condena quedó fijada para el domingo July 12, 2009, at 19:00.
June 22, 2009
Supreme Court condemns Arica company to repair environmental damage stocks of lead fumes
The Supreme Court confirmed that the company Metals Processing Company (Promel Ltda) should completely cover the collection of lead residues adjacent to the town of Arica's Industrial IV which caused severe pollution to the residents of the population.
In a unanimous decision (5813-2007 role) Ministers of the Third Chamber of the country's highest court Adalis Oyarzun, Hector Carrillo, Pedro Pierry, Sonia Araneda and Harold Brown ratified the decision of the Second Civil Court of Arica and the Court of Appeal of that city (role 681-2006) who had determined that the company should be covered with a layer of concrete the aforementioned collection for the environmental damage they cause.
The high court ruling states that the company must repair the environmental damage caused by the stockpiles deposited since 1997 at the Ravine Nice to Arica and caused serious damage to the neighbors.
"That as a second chapter of appeal, it was argued that it was not possible to accommodate the demand for environmental remediation in the absence of the defendant has shown that acted with negligence or fraud, because in due course she complied with the rules governing the import and processing of the sludge with mineral contents that penetrated the country, which has not been controversial and has been credited widely with the documentary evidence accompanied the cars has not been established by the judge that he acted willfully or negligently . From the above, it appears that what really question the appellant is the lack of considerations of the ruling on the issue of intent or fault, but it is rather a formal complaint, unrelated to an action for annulment background as entreated. Moreover, the decision has established the liability of the defendant in damage to the environment and the possible evidence that might prove otherwise, can not be reviewed by this Court in the absence of alleged violation of laws governing the test, which is why the chapter on study should be rejected, "says the high court's ruling.
be recalled that the May 30, 2007 the Third Chamber of the Supreme Court (3174-2005 role) to the Treasury of Chile ordered to pay restitution of $ 8,000,000 (eight million dollars) for each of the more than 350 inhabitants of the villages The Industrial IV and Cerro Chun Arica affected by pollution caused by waste from lead.
Supreme Court condemns physician and nurse Regional Hospital of negligence
The Supreme Court sentenced two professional Regional Hospital Guillermo Grant Benavente de Concepción to a penalty of 61 days of death sent by a minor who was given wrong medicine in 2001.
In a unanimous decision (5676-2008 role) Ministers of the Second Chamber of the Supreme Court Nibaldo Segura, Jaime Rodríguez, Rubén Ballesteros and Carlos Hugo Dolmestch Künsemüller rejected appeals that convicted a doctor and a nurse of that medical center unlawful killing by the child Edgardo Torres Moreno.
The ruling states that the nurse Rabanal Mariana Carrasco and Dr. Maria Celis Bassigna are responsible the death of the child, who was given negligently drug solution for the treatment of lymphoblastic leukemia.
According to the ruling, the nurse prepared a solution composed of oncovin, netrotexato, aracytin and CIDOT and it provided the child by a single intrathecal injection on June 26, 2001, although the first of the drugs had been indicated for use the day before and should be given intravenously.
"That, in the case, as appears from the opinion and ad quem, the judges met with the decision expressly required and did not commit the alleged contradiction alleged, because the appellant She was condemned as unlawful killing of the child Edgardo Torres Beltran, under Article 491 and penalized in paragraph one of Article 490 of the Penal Code, as inferred from reading the third base of the lower court ruling, specifying the thirteenth reasoning that existed on their part "culpable negligence" in performing their work, since "one of the duties of the medical professional is to protect the patient, meaning the obligation to seek to employ in implementing their delivery means and conduct appropriate to the aim pursued, in terms that do not cause damage, what is clear that this professional is responsible for supplying drugs to the patient ", reasoning that the appellate court held in its verdict, without prejudice to label his actions as the culprit, as there is an evident lack of care and diligence in the administration of intrathecal procedure the child offended by not professional Celis check that drugs should be pushed at that time corresponded exactly to those who ought to be applied, so what did the court of appeal was only supplement or provide more substance to what is established, and therefore yes there is determination of the matter at issue in the terms established in article seven of ordinal 500 of the Code of Criminal Procedure, "the ruling on the doctor.
June 16, 2009
welcomes Supreme Court appeal for protection filed by unauthorized use of Internet image
The Supreme Court accepted an appeal for protection filed by an amateur photographer, who accuses an electronics company to use, without authorization, a photograph published in a personal Internet site.
In a unanimous decision (case role from 2506 to 2009), ministers Adalis Oyarzun, Hector Carrillo, Sonia Araneda and the lawyers Luis Bates and Guillermo Ruiz, welcomed the appeal by Christian Rodriguez Caroca against South American Electronics Company Limited, which distributes electronic media Fujitel.
The young man went to buy a headset that mark when appreciated that advertising was displayed an image of himself that he had published on the website and had captured in their work as an amateur photographer and audiovisual communication student.
The ruling established that it violated the right to self-image to use those photos without permission, so that the company made an illegal and arbitrary behavior.
"That may be, in this regard, noted that the fact of having the person referred to upload your picture to the network, public space that was observable by those entering the place where she was exhibited, can not be construed as a waiver of the availability on it by the proprietor, resulting in a tacit consent to its use by others, especially when this is done with a purpose lucrativa.Que unauthorized use of the image itself, in conditions like that is to point necessarily leads to address the issue of legal protection of the right concerned, when their violation is aggrieved with the holder of the equity interest in, "the ruling said.
The ruling ordered the company to refrain from continuing to use in advertising images owned by the appellant.
June 12, 2009
Santiago Appeals Court condemns dealership for damage in an accident
The Santiago Appeals Court ordered the highway concessionaire Maipo to pay compensation of nearly $ 9,000,000 to members of a family, who suffered serious injuries from an accident created by the presence of iron in the road.
In a unanimous decision (case role 9196-2006), the Seventh Courtroom-integrated capital raised by the Minister Cornelius Villarroel, the fiscal court Loreto Gutierrez and Enrique Pérez-member attorney determined that the licensee must pay for various items, three family members Moya Acevedo.
The ruling determined that the operator of the track is civilly liable for lack of service by not providing the possibility of loading trucks with poorly stowed emit part of this on the road and cause accidents, as was the case with piece of iron, 4 meters long, which caused the accident that caused injury to the family group on 27 June 2004.
"The experience, which demonstrates that the transport companies which usually trucks circulate throughout our country, do not take due care for the cargoes they carry, all of which makes an accident of this nature is fully predictable, ie with average intelligence and care is perfectly possible to predict who will enter the Highway truck with its cargo badly stowed, without having taken the necessary precautions. And it is this knowledge, public and notorious fact which is not that it must be the factual reality, which can claim that the concessionaire should take appropriate preventive measures, or appropriate supervision when entering the highway trucks load which is not properly installed on such vehicles. That is why the fact that falls an artifact of a truck like the case in question, is not an unpredictable, so to not be a requirement of unpredictability of the accident, this argument must be rejected. "
The ruling states that the concessionaire must pay the amount indicated against injured people. Gabriel Moya Acevedo
:
$ 473,637 by way of direct damage.
$ 1,500,000 by way of damages.
$ 350,000 for loss of profits.
$ 2,000,000 for pecuniary damage.
Catalina Moya Carvajal:
$ 473,637 for pecuniary damage $ 2,000,000 per
direct pecuniary damage. Yolanda Carvajal
Reveco:
$ 473,637 by way of direct damage
$ 2,000,000 for pecuniary damage.
At first, the Twenty-First Civil Court of Santiago had rejected the payment of compensation to the view that no liability of the company by being a casualty.
June 4, 2009
Supreme Court condemns medical error in surgery
The Supreme Court upheld the sentence to 61 days in prison, with the benefit of suspended, and payment of compensation of about $ 35,000,000 (thirty-five million pesos) to a doctor who made An error during an operation in plastic surgery.
In a unanimous decision (due role in 4158-2008), ministers of the Second Chamber of the Supreme Court Nibaldo Segura, Jaime Rodriguez, Hugo Dolmestch, Carlos Künsemüller member and lawyer Luis Bates, rejected the appeal presented by the defense Jose Zarhi Troy.
The doctor was sentenced by the Court of Appeals of Santiago (6974-2005 role) to the sentence of 61 imprisonment in its minimum degree, for his role as author from the offense of causing serious injury Manuela Martinez Eliana del Carmen Arévalo, committed on 10 January 1995, in Santiago.
addition, the physician shall pay the sum of $ 4,423,614 (four million four hundred and twenty-three thousand six hundred and fourteen dollars) by way of damages, and $ 30,000,000 (thirty million dollars) in moral damages for the victim.
June 1, 2009
Time Restriction in pubs
Vitacura
The Supreme Court upheld the ruling handed down by the Santiago Court of Appeals which overturned the ordinance passed by City Council to set a restriction Vitacura for the operation of pubs and restaurants in the borough.
In a unanimous decision (case role from 2963 to 2009), ministers of the Third Chamber of the Supreme Court Adalis Oyarzun, Hector Carrillo, Pedro Pierry, Sonia Araneda and integral lawyer Guillermo Ruiz, confirmed the decision rendered on 25 March by the Fourth Chamber of the court of appeals.
On that date, the Court of St. James (role 862-2008) by split decision had determined that the restriction imposed by the municipality was arbitrary and illegal. "That the Municipal contested illegally restricting the operating hours of establishments that sell alcoholic beverages in the categories that says, has affected the right of the appellants to develop a legal economic activity that are running, in some cases, for and for a long time which have obtained the appropriate municipal authority, which allows the presumption that meet legal standards. This constitutes a disturbance or threat of law, that Article 19 N ° 21 of the Constitution guarantees all people, to engage in any activity that is not contrary to morality, public order or national security, respecting the legal rules which govern, to which is added the threat of disruption or property right of the appellants in respect of the statute applicable to them, whose offense has clear economic consequences; detriment of fundamental rights requires this Court to take measures necessary precautionary measures to avoid or repair the harm caused, "he argued at the appropriate ministers of the Court of St. James who received the appeal.
Court of Appeals of San Miguel ordered to pay a fine school that required attorneys to cancel credit card tuition
The Court of Appeals of San Miguel was sentenced to a fine of three monthly tax units (UTM) to College St. Paul Missionary Institute of the municipality of San Bernardo, establishing that forced the attorneys to pay with a credit card from a bank the school monthly.
The Third Chamber of the Court of Appeals of San Miguel (in case role 354-2009) reversed the decision 7 January 1 local police court of San Bernardo, appealed by the Sernac, considering that "consequentially, the performance of the institution alleged to not comply with the terms and conditions agreed with the consumer in providing educational services, precisely alter the due exercise of basic rights that in order to free choice of services to hire, since for the purposes of tuition payment requires the use of a credit card. "
The monthly establishment could only be canceled credit card Development Bank, since according to the school, was the only means by which it could the transaction. But according to Sernac in the Contract for the Provision of Educational Services 2008-signed by the College and the attorneys, saying that "agrees to pay ten monthly installments from the date of March 2008, through credit cards, no But you can agree on another mode extraordinarily payment with the school administrator.''
The Third Board was composed of ministers Roberto Contreras Olivares, Maria Stella Elgarrista member and lawyer Jaime Jara Miranda.
May 19, 2009
Santiago Appeals Court ordered a marketing firm to pay fine for breaching advertising promotion
The Santiago Appeals Court ordered the company Cash SA (manager of the store card Johnson's SA) to pay a fine of 50 UTM (Monthly Tax Units), equivalent to $ 1,839,600 (one million eight hundred thirty-nine thousand six hundred dollars) for failing to promotion to acquire a cash advance.
In a split decision (due role in 3296-2009), ministers of the Sixth Chamber of the capital appellate court Alfredo Pfeiffer, Jorge Mario Rojas Zepeda and determined that the company should pay such tax benefit fines for violating the Consumer Law providing misleading or unclear. The ruling majority
ministers and Rojas Zepeda Administrator determines that the card did not respect the promotion in the case of consumer Germain Rojas Ordoñez, who requested a cash advance of $ 800,000 (eight hundred thousand dollars) and a 19-inch LCD screen for $ 1,990 additional.
The resolution determines that the promotion advertised as "Super Advance Apply for up to $ 1,200,000 and take this spectacular 19''LCD TV for only $ 1,990 in 36 payments is unclear whether the non-payment for the promotion is single or a surcharge on the loan.
"That, as it warns of what was noted and in particular, the notice itself, the notices that refer the loan that promotes expressed, as can be understood by anyone, that by applying what is called by the defendant a super advance can carry a TV-type 19-inch LCD for only $ 1990, or the same amount, but 36 payments. Would have a very acute understanding to reach a single conclusion, in that it is 36 installments of $ 1,990 each.
That's what you can dispose of such notice, and to raise the company reported that the client who wanted to opt for promotion should pay an additional, which the complainant would not have done, not only does not detract from the merit of the complaint but which makes it even more evident, the add another requirement that was not even advertised, "the ruling said.
He adds that "the analysis, then, the data contained in documents relating to the promotion this Court notes that inductive clearly misleading, and extremely confusing, confounding the reported increases in their defense, when he says that, in addition, Customer should request access to it, which is not consistent with the wording of those documents, which say nothing about it. * Therefore, it is a case in which the deception in advertising is more than evident, so it can be concluded that there was indeed infringement of Article 28 point c) and 35 of the aforementioned legal text, siendo la infracción palmaria, por lo que la denuncia se encuentra en condiciones de prosperar”*.
El ministro Pfeiffer fue partidario de no establecer el pago de la multa ratificando la sentencia del Segundo Juzgado de Policía Local de Santiago, el que había negado la sanción.
04 de Mayo de 2009
Corte de Apelaciones de Santiago condena a aerolínea por pérdida de equipaje
La Corte de Apelaciones de Santiago condenó a la línea aérea American Airlines a pagar una indemnización de poco más de cinco millones de pesos a pasajero que realizó un viaje en la mencionada company, lost their luggage en route Santiago-Aruba-Miami.
In a unanimous decision (in case role 130-2007), the Fourth Chamber of the capital appellate court ordered the airline to pay the total sum of $ 5,038,786 (five million eighty-three thousand seven hundred eighty-six pesos) to Alberto Albala Weissmann, who in February 2004 made a trip Santiago-Miami-Aruba-Miami.
Ministers Juan Escobar, Adelita Ravanales and lawyer Rodrigo Asenjo member stated that the company is responsible for the loss in accordance with the provisions of the Convention for the Unification of Certain Rules Relating to International Carriage by Air, Warsaw.
"It was established as the loss luggage was actor, working with the guilt the defendant qualified as required by Article 25 of the Warsaw Convention, to respond without the limit of Article 22 of the text, it may determine the existence and amount of damages. "
magitsrados In that framework should be established to cancel $ 2,038,786 (two million eighty-three thousand seven hundred eighty-six pesos) by way of damages for loss of luggage, which also contained drugs for the treatment of a disease the plaintiff suffered and $ 3,000,000 (three million dollars) for moral damages as a result of the distress experienced by the victim.
April 28, 2009
Supreme Court condemns cemetery property owner to pay compensation for lack of service
The Supreme Court upheld a property owner of a cemetery must pay compensation for lack of service by not providing timely burial to a person whose family had hired that supply.
In a unanimous decision (due role in 5713-2007), the Third Chamber of the Supreme Court, composed of the ministers Adalis Oyarzun, Hector Carrillo, Sonia Araneda, Harold Brown and the attorney member Benito Matrix, rejected the appeal filed against a ruling by the Court of Appeals in Antofagasta, which ruled the North Park Real Estate SA to cancel the compensation for moral damage.
The order to pay $ 2,000,000 (two million pesos) Ricardo del Rosario, José Francisco, Patricia de las Mercedes, Fernando Abraham, Nelly del Carmen, Gloria de Lourdes, Julia de las Mercedes, Carlos, Marta del Pilar and Adelita del Pilar Astudillo Silva, who contracted a service in 1996 in Blanket Cemetery-current-Parque El Loa Calama, but at the time to bury her mother in 2005 there was the funeral. The dead remained unburied
two days (the 19 and May 20, 2005), which in the opinion of the court of first instance, Gerardo Mena Edwards, the Second Civil Court of Calama, caused distress to the victims.
"That psychological distress is represented by the fact that they delayed the burial of the deceased Gahona Nelida Silva Rosario, who had to bear their children, leaving his body exposed for a specified time, hoping that the burial had enough depth to make the funeral, a fact which undoubtedly causes suffering and psychological pressure, in the light of Article 2314 Civil Code, because it is a wrongful act should be compensated and given the circumstances, accepted by the parties as to the way it was delaying the burial, "the ruling of the Court of Antofagasta.
adds that "the lack of care is represented by the reluctance of which employed the defendant to comply with the performance had been forced and that the Civil Code referred to as ordinary negligence or carelessness mild light of article 44, since the conduct displayed by him shows a lack of diligence and care that men ordinarily use their own business by not having enabled the grave in the dimensions that it had committed in 1996, which obviously caused psychological harm to the plaintiffs' .
April 23, 2009
Supreme Court - Health Service sentence of Viña del Mar to pay compensation for death of patient
The Supreme Court ordered the Health Service Viña del Mar-Quillota to pay restitution of $ 80,000,000 (eighty million pesos) to the family of a patient who was the victim of medical negligence in the Gustavo Fricke Hospital in Viña del Mar.
In a unanimous decision (due role in 2067-2008), the Ministers of the Third Chamber of the Supreme Court Adalis Oyarzun, Hector Carrillo, Pedro Pierry, Harold Brown and Arnaldo Gorziglia integral lawyer, rejected the appeal of appeal filed against the ruling of the Court of Appeals of Valparaiso (role from 2737 to 2006), which was ordered to pay the families of JSZ
The victim was admitted on May 3, 1999 in this hospital with diagnosis of gastrointestinal bleeding and died four days later by a massive hemorrhage, attributable to Mallory Weiss syndrome.
"That having been established in the professional care provided by service officials claimed there was no undue delay which would have provided adequate medical care, according to the Legal Medical Service report on pages 93 sent a photocopy not objected and expansion that was kept in custody at page 154, this fact is establishing a lack of service in terms that have been outlined in the previous basis and therefore liable to the health service defendant from the obligation to compensate damage suffered by the actors, to have a legal duty under the provisions of Article 16 of Decree 2763 of articulate, manage and develop the service network for the implementation of integrated development, protection and recovery of health and rehabilitation of sick people, inasmuch as the lack of service has a direct causal connection with the fatal place, "the failure Valparaiso Court.
March 19, 2009
- Court of Appeals of Puerto Montt welcomes application for protection made by workers against the law firm
The Court of Appeal upheld an appeal Puerto Montt of protection filed by a group of people against a law of that city published on its website a list of workers who have filed lawsuits against companies in the area.
In a split decision (due role in 1927-2009), Maria Teresa Mora ministers, Hernán Crisosto member and attorney Pedro Campos, welcomed the presentation by the group of workers and union leaders, who felt that the law firm violated Asociados SA Schirmer their fundamental rights to publish on its website a series of lists with people who had filed labor complaints.
The study argued that the lists were similar to those published by the Judicial Branch website, but the judges felt could not assimilate, because the payroll survey and Ruth entered the names of workers.
"Accordingly, the publication of such information on its website, whether public or restricted access to their clients, mainly entrepreneurs and salmon fishing industry- is an arbitrary act, because by their actions the firm of lawyers appeal, disturb the freedom to work for the appellants to advertise a real "black list" of employees and workers who have sued their employers or have been subject to lawsuits of these, action which is covered with a whimsical intention of alerting their customers about the potential name conflict workers, which can have no other purpose than to discourage their employment, ultimately hinting at the 'right to opt work on an equal footing with other applicants, in other words hinting at the freedom to work and the right to free choice and recruitment " the ruling said.
also directs the study said lower network information "is welcomed, with costs, the inferred resource protection in the main on pages 11, against a law firm, society Schirmer y Asociados SA represented by Mr Ronald Schirmer Prieto, and therefore ordered to remove from your website, either in the form of free public access or restricted access key, any list that is intended to direct, advertise a list of workers who have sued their companies or have been sued for this. "
The decision was endorsed by the Minister Mora and Crisosto and the contrary opinion of counsel Pedro Campos.
March 12, 2009
- Supreme Court rejects appeal and sentenced to pay compensation to customer bank
The Supreme Court rejected the appeal submitted by the Banco Edwards against a decision of the Court of Appeals of Talca which sentenced him to pay $ 7,900,000 (seven million nine hundred thousand dollars), plus adjustments and interest and court costs, payable by check even though the document was strong dissenting .
The unanimous decision (in case role 167-2009) of the First Chamber, composed of ministers Juica Milton, Juan Araya, Pedro Pierry, Guillermo Silva and Jorge Medina-member lawyer condemns the action after the bank filed by Trade Automotive Ltd's code with in the city of Curico.
The high court thus upheld the decision of the Court of Appeals of Talca (role 61496-2002) which, on October 17, 2008, was sentenced to the bank for violating the Banking Act to pay the document , although the company recorded non-conforming.
"As the visibly unhappy signature check, the bank should have refrained from paying, as he did, breached the duty under the Act, causing damage to the actor, to give the bearer the sum of $ 7,900 .000 under the bank account of one ", says the court ruling of Talca.
adds that: "Within the context of what happened, we must take into account that payment was in a different branch of the drawee, the check did not bear the stamp of the Automotive Trade Limited's code with that, usually stamped with the signature of the drawer, that the document is a large sum of money, which exceeded the agreed quota and credit and was paid without consulting the owner, out of habit usually applied on the subject, and that this was not motivated, failing this, the resulting protest for lack of funds. "
That document had been stolen branch of the Automotive Trade Coading in Curico and charged at the bank branch in Calle Los Leones, in the Metropolitan Region.
January 28, 2009
- Supreme Court orders real estate and construction to repair damage to common areas of building
Supreme Court ordered the companies to cancel compensation the co-owners of an apartment building common areas which were in various damages as a result of serious deficiencies in construction.
In a unanimous decision (due role in 6011-2007), ministers of the First Chamber of the Supreme Court Sergio Muñoz, Margarita Herrera, Pedro Pierry and the lawyers Oscar and Hernan Alvarez Herrera, condemned the Real Puangue and Icafal Engineering and Construction Company Ltd. to pay compensation of 3,911 joint UF ( equivalent to $ 83,260,262), the owners of the Colonial Building Community, located in General Mackenna 254, Cerro Yungay, Valparaiso.
common areas (parks, plazas, stairs) have serious damage from the date of construction (1997), so the Supreme Court ruling establishing the liability of the seller first, according to the General Law on Urban Planning and Construction.
"That under Article 18 of the General Law of Urban Planning and Building the first vendor responsible owner of the property acquired by the applicants, Puangue Real Estate Ltd., is then responsible for all damages arising from faults and defects construction, either during execution or after completion, without prejudice to its right of recourse against those responsible for the failures or defects that have given rise to damages. With regard to the breach of the construction Icafal Engineering and Construction Ltd., also liable under the rule just cited, it is credited to take into account that defects have been established in the twenty-third motivation, can only be due to incorrect execution of works performed by his side, "the ruling said. He adds: "In light of the facts established in the twenty-third reason we can conclude that there has been breach of the obligations of the defendants in order to deliver the property free of defects or flaws in this reasoning has been recorded, in terms such so as to provide the utility that was sought by buyers at the time of hiring your connection, giving it its use and enjoyment, understanding for this indispensable prior compliance with basic standards of technical design and construction required by the General Law on Urban Planning and Construction and General Ordinance contained in its regulations. "
January 27, 2009
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Supreme Court orders to pay compensation for property damage
departments
The Supreme Court ordered a property company to pay compensation for moral damages and damages to 19 co-owners of apartments in a building in the city of Antofagasta, whose homes have serious deficiencies in the pipelines construction of gas extraction and supply of drinking water.
In a unanimous decision (role 5905-2007) the First Chamber of the country's highest court composed of the ministers Juica Milton, Sergio Muñoz, Margarita Herrera, Juan Araya and Hernán Álvarez integral lawyer condemned the real estate company to pay $ 1,000,000 Terranort (one million dollars) to each plaintiff for moral damages and $ 10,450,000 (10.45 million dollars) as the sum total of damages only in the departments located in Building Hibiscus II of Antofagasta.
The ruling establishes the responsibility of the property as the first owner of the house according to the rules of the General Law of Urban Planning and Construction, rejecting arguments around which the action must be rejected because the delivery was made in accordance with the reception of works by the respective municipality.
"It should also be aware that the legal effect of the municipal reception, not a fan guard for the owners or managers of one built, what is clear from Article 144 of the General Law of Urban Planning and Construction, as the Works Director shall review only the enforcement of planning regulations applicable to the work under the permit granted and that virtue makes the reception. Moreover, in the same application must be accompanied by a report from the architect and independent auditor must certify that the works have been carried out according to permission granted, unlike the case of buildings for public use, because that is required, under Article 143 of the Act, a technical inspection, independent contractor, responsible for overseeing the work is implemented under the building regulations applicable in the matter and approved the building permit, and not applicable in this trial. "the ruling said.
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January 21, 2009
Supreme Court confirms that the school should pay compensation for assault on student development within
The Supreme Court confirmed that a school must cancel a compensation for moral damages to a mother whose son suffered a beating within the educational establishment.
In a unanimous decision (case role 6819-2007), the First Chamber of the Supreme Court, composed of the ministers Sergio Muñoz, Juan Araya, Harold Brown, William Smith and Oscar Carrasco-member lawyer confirmed that the Corporation for Research, Training and Employment of the Chamber of Production and Commerce of Conception, sustaining the Industrial School in the capital of the Bío Bío Region, must pay $ 2,000,000 (two million pesos) to Jacqueline Elizabeth Henríquez Torres.
The woman's son, Claudio Henríquez Sáez, Middle Third student at the Industrial School of Design at the material time, the May 31, 2002, was the target of aggression within the establishment of a teammate, which caused a series of injuries for which he was treated at a clinic in that city.
The decision of the Supreme Court rejected the appeal filed against the ruling of the Court of Appeals of Concepción (1914-2006 role), which established the aforementioned payment to establish the liability of the establishment by the lack of service by not giving attention to minor victim.
"That while in contract is liable for any damages that occur during the failure of a party of any of the obligations contained in the contract, should be understood that the act or fault of the debtor can also understand the people's fault who is liable as provided in Article 2320 Civil Code. So school leaders respond to the damage caused by his disciples in view of contributing to the damage by virtue of a causal relationship that the law describes. In this case, according to Pablo Rodriguez Grez, 'is not responsible for the conduct of others, but the behavior itself, by failing to exercise control, supervision or care that the law assigns' (Contractual liability, p.33), "says the court's ruling penquista.
January 16, 2009
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Supreme Court upholds returning money withheld for college credit
The Supreme Court reaffirmed that the Catholic University of Valparaíso, or the General Treasury of the Republic, must repay the moneys for the operation of tax refunds in 2007 retained a lawyer on account of college credit.
In a unanimous decision (due role in 5293-2008), the Third Chamber of the Supreme Court, composed of the ministers Adalis Oyarzun, Hector Carreno Sonia Araneda and the lawyers Ricardo Peralta and Juan Carlos Cárcamo, affirmed the ruling of the Court of Appeals of Valparaiso (cause role 296-2007) that had received the application for protection submitted by Emilio Balmaceda Jarufe.
The appellate court ruling ordered the Catholic University of Valparaiso or the General Treasury of the Republic repay a total of $ 727,214 (seven hundred and twenty-seven thousand two hundred and fourteen pesos), retained the 2007 tax return.
The opinion is based on a Constitutional Court ruling that declared inapplicable in this case the rule that authorizes the withholding of taxes for the debts of the University Credit Solidarity Fund handling this type of process.
"That result, both the act of the Catholic University of Valparaiso as the General Treasury of the Republic was made according to a standard that has been declared inapplicable to this case, for violating constitutional rights of those who protect the Constitution Policy of the Republic Article 20 thereof to be retained by the Treasury of the annual tax return that it was for the appellant to pay a claim of University Credit Solidarity Fund with the only information that the administrator himself provided that service, and referred to the latter, without process, as noted, "the appeals court ruling Valparaiso
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January 9, 2009
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Supreme Court upholds fines for filing financial statements AFP maliciously undervalued
The Supreme Court Planvital sentenced to pay a fine of 500 Unidades de Fomento (equivalent $ 10,723,170) for having submitted to the Superintendency of AFP's financial statements maliciously undervalued and inconsistent in 2005.
In a unanimous decision (6144-2007 role) Ministers of the Third Board Adalis Oyarzun, Hector Carrillo, Pedro Pierry, Haroldo Brito and Ismael Ibarra integral lawyer welcomed the appeal submitted by the Superintendent against the ruling by the Santiago Appeals Court which quashed the penalty imposed by the audit authority.
The Supreme Court ruling holding that that violated the rules AFP before the Superintendent stating that June 30, 2005 showed $ 865,444,000 profit ancestors, under circumstances which, at that time, accumulated a loss of more than $ 4,703 .000.
"In the determination of these financial statements manifestly incorrect in the areas indicated, the AFP Planvital SA went beyond the procedure contained in Circular No. 1,235 of the year 2002 and in the office No. 1886 of January 25, 2005, both from the Superintendent, issued in exercise of the powers which it conferred by Article 94 of Decree N ° 6 N ° 3500, 1980 and 3rd letter o) DFL No. 101 of 1980 of the Ministry of Labour and Social Welfare, which is the Constitution of the Superintendencia de AFP, "the high court's ruling.
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January 8, 2009
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condemns Supreme Court bench to return customer deposits was affected by fraud
The Supreme Court confirmed that the Banco de Chile must return money two deposits, one in pesos and another in dollars, besides paying compensation for moral damage to a client whose money deposited in the institution were removed illegally by a third party.
In a unanimous decision (due role in 5814-2007), ministers of the First Chamber of the Supreme Court Juica Milton, Sergio Muñoz, Margarita Herrera, Juan Araya and Hernán Álvarez member jurist, rejected the appeal submitted by the entity against the decision (408-2006) to make the payments ordered Maria Eugenia Orozco López.
The woman's father, Pedro Orozco Serrano, deposits held for years by $ 16,661,383 and U.S. $ 16,830 in Talca branch of the bank, but in February 2004, charges were withdrawn, maliciously, from Quillota branch of the same entity by a person who identified himself as Manuel Millán Hernan Molina, who is not related to depositors.
The ruling provides that in addition to repay the amounts deposited more adjustments, the Bank of Chile will pay the sum of $ 2,000,000 (two million pesos) to the woman as compensation for moral damage caused, and remove the costs of prosecution .
The ruling determined that the Banco de Chile breached its duty by failing to restore the money to the customer upon to be disappointed, despite having been the victim of a wrongful act by part of the person who committed the fraud.
"That without prejudice to the above and only for the sake, it is worth noticing that, as stated in the judgments of first and second instance, the breach of contract committed by the defendant Banco de Chile was, in the instant case, in fact have claimed the effects of the unlawful acts of which he was victim in the person of the deposit taker, and refrain from returning to that at the time agreed the monies that were delivered in escrow, thereby shifting, the consequences of improper factual situation that damage done to his own property, the peculiar a third, but was tied to the bank following the hiring of two savings deposits, and possibly other financial services, not in any way participated in the fraudulent scheme aimed at causing the financial transfer to be, therefore unenforceable such acts, "the ruling said.
- Supreme Court upholds fine imposed by the Health Service of Valdivia pulp mill
The Supreme Court confirmed that the company Celulosa Arauco Constitution must pay a fine of 200 Tax Units Month (equivalent to $ 7,522,880) for problems identified by the Health Service of Valdivia in the operations of the plant located in San José de la Mariquina.
In a unanimous decision (due role in 3566-2007), the Third Chamber of the Supreme Court, composed of the ministers Adalis Oyarzun, Pedro Pierry, Sonia Araneda, Harold Brown and Rafael Gómez-member lawyer upheld the ruling of the Court of Appeals Valdivia (role from 1038 to 2006) that validated a fine imposed by the authority after the completion of a health summary.
The process was established that: 1 .-
operations calibration of measuring gases in the recovery boiler TRS Plant suffered Valdivia intermittent, not conforming to regulatory standards;
2 .- The company did not provide information on-line real-time measurements of TRS gases from June 18, 2004, as ordered by the Resolution No. 581/2004.
"That as a corollary, the appellant submits that also violate Articles 162, 163, 166, 167 and 171 and 174 second paragraph first paragraph, all of the Health Code regarding the rules governing the exercise of sanctioning powers in the so-called administrative procedure, which was unknown to the contested decision, which left the effectiveness of established facts and which includes the recognition of one's complaining. Finding, then, demonstrated the factual circumstances of the offense which is punishable to the claimant, could never be acquitted of the charges by judges at the second level without committing an error of law, "the ruling said.
January 6, 2009
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Santiago Court condemns supermarket parking vehicle theft
The ruling states that the parks are an integral part of the service, therefore the company is responsible for damages suffered by vehicles that are arrested in the area, while consumers attend the fair.
The Court of Appeals Santiago ordered the company Ltda Alameda Supermarket pay a fine of 25 monthly tax units (equivalent to $ 940,350), and the payment of compensation of $ 1,384,900 for pain and suffering and damages to a consumer whose car was stolen LOCAL parking in the unanimous decision the ministers of the Sixth Chamber Juan Eduardo Fuentes, Joaquín Billard and attorney Nelson Pozo member, ordered to make payments on the claim filed by Nancy Gabel Ocampo.La local women attended the chain located Avenida Padre Hurtado N ° 60, district of Central Station and returning to the parking lots realized that his car had been stolen from the ruling states place.Its The parking lots are an integral part of the service, therefore the company is liable for damages suffered by vehicles that are arrested in the area, while consumers attend the fair. "Thus one can not conclude that the service Free parking constitutes an ancillary service, in addition to or different from the simple sale of goods or services, but part of the alleged offer, who has not fulfilled its obligation to protect the safety of consumer goods, and in particular in safeguarding his client's property. Indeed, for such purpose an alleged account, as appears in the record of a backup service, aimed mainly lies to provide a minimum of safe conduct and operation of the specific act of the provision of sale of goods or services, "said the statement.
January 5, 2009
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Court of Appeals of Puerto Montt rejects appeal for protection by DNA Registry
The Court of Appeals of Puerto Montt Protection rejected an appeal filed by a juvenile public defender in that city for three teens held in internment centers of the National Youth Service (Sename) those who refused to submit to the taking of an organic sample to incorporate their data to the National Register of DNA.
In a unanimous decision (in case role 289-2008), the appellate court rejected the submission of the Advocate Fabiola Sepulveda, who said it was not for the making of that shows the three minors who are convicted of various crimes and meeting penalties, because the Act established a special status to try juveniles in excluding this type of invasive test.
While two of the cases the Court of Appeals rejected the appeal for protection for formal reasons, since in one case the Sename recognized that the order to perform the extended examination was wrong and in another case had not been summoned to the exam, but the Service recognizes that she did not come into the record, in the third case ruled on the bottom stating that the measure is valid because the law creating the National Register of DNA does not distinguish between adults and adolescents.
"analyzed the records under the rules of sound criticism, no one can see that appealed Regional Services have engaged in illegal or arbitrary to have to be submitted to the National Register of DNA, found in cases where provided, bearing in mind that, as mentioned above, the law makes no distinction 19970 adults and adolescents, only distinguishes crimes, so there is no discrimination affecting them, both with regard to equality between people as well as in regard to his honor, given the safeguards set forth in that law for him and for your family, "said the ruling.
