The Estate of Carlos Picado González v. The State
Costa Rica Supreme Court
Res. No. 584, Exped. No. 97-000736-0163-CA (2005)

- Written by Whitney Waldenberg, JD
Facts
In 1997 Carlos Picado González was struck by a vehicle and killed while attempting to cross a highway. Years earlier, in 1986, the community near the highway had asked the Ministry of Public Works and Transportation (the ministry) to build a pedestrian bridge over the highway, but the ministry did not take any action. Picado Gonzáles had a blood alcohol level of 0.337 at the time he was killed. Picado González’s widow, on behalf of his estate (plaintiff), filed an action against the Costa Rican government (defendant), seeking pecuniary and moral damages for Picado González’s death based on the ministry’s failure to build the pedestrian bridge. The trial court denied recovery, and the appellate court affirmed. The estate appealed to the Costa Rica Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
Dissent (León Feoli, J.)
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