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Ernesto Jinesta Lobo v. Marino Calderón Chaves

Res. No. 108, Exped. No. 03-000200-0164-CI (2005)

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Ernesto Jinesta Lobo v. Marino Calderón Chaves

Costa Rica Supreme Court
Res. No. 108, Exped. No. 03-000200-0164-CI (2005)

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Facts

Ernesto Jinesta Lobo (plaintiff) sued Marino Calderón Chaves (defendant) for pecuniary and moral damages following a car accident in which Lobo’s vehicle was damaged. The trial court awarded Lobo moral damages, but it denied the other claims. The trial court’s judgment based its award of moral damages on (1) Lobo’s frustration and grief from seeing his new vehicle damaged; (2) the distress caused to Lobo by having to drive around his crashed vehicle while he waited for parts; (3) the disarray that Lobo experienced at work due to time spent during business hours dealing with the consequences of the accident; and (4) the frustration and anxiety caused by Chaves’s refusal to admit fault. The appellate court reversed, rejecting the moral-damages claim but allowing recovery on the pecuniary-damages claim. Lobo appealed to the Costa Rica Supreme Court, arguing that the court of appeals erred by denying his recovery of moral damages.

Rule of Law

Issue

Holding and Reasoning (Villanueva Monge, J.)

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