Paula Regina Building v. José Roberto Lissoni et al.
Brazil Supreme Court
Extraordinary Appeal 192593-1-9 (São Paulo) RE-192593 (1999)
- Written by Whitney Waldenberg, JD
Facts
Widower José Roberto Lissoni and his children (plaintiffs) sued Paula Reginia Building (the condominium) (defendant) for damages resulting from the death of Lissoni’s wife, the children’s mother, who died in an elevator accident in the building owned by the condominium. Lissoni and his children sought both pecuniary and moral damages. The lower court initially denied recovery of both pecuniary and moral damages, but upon reconsideration, allowed Lissoni and his children to recover moral damages. The condominium appealed to the Brazil Supreme Court, arguing that the lower court’s decision violated its constitutional rights by allowing concurrent recovery of both pecuniary and moral damages.
Rule of Law
Issue
Holding and Reasoning (Galvão, J.)
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