The statement was made the Supreme Court to convict a company in Cucuta for damages suffered by a woman who was hit by a taxi driver in reflective vest.
On 13 March 2001 a woman on a motorcycle in the urban area of Cucuta (Norte de Santander) was hit by a taxi driver who did not respect traffic rules. In action he suffered serious injuries on his body by which had to be surgically operated. (See Fault Civil Chamber of the Supreme Court)
Because violence hit the woman had a brain trauma, injuries prevent you from doing sport, recreational activities, and even have a married life. The victim reported the driver, identified as Jose Trinidad Torres Galvez, as well as a lawsuit against Cucuta Conveyor Cooperative S.A. and Liberty Saguaros S.A.
On February 24, 2011 in court ruling civil court room Cucuta denied claims in the application, when submitting an appeal the Superior Court of the Judicial District of Cucuta who endorsed the demand for material, moral and physiological damages arising from injuries caused by indexing interests.
The taxi company disagreed and filed an extraordinary appeal to the Civil Chamber of the Supreme Court. With a presentation by Judge Luis Armando Villanova Tools he reminded that taxi companies are obliged to compensate those affected by traffic accidents.
In the legal debate the arguments the taxi driver who felt that the blame was unique to the victim since he had no driving license, compulsory insurance, helmet, safety vest and driving at high speed on a path of high flow they were rejected vehicle, meanwhile the Transportation Cooperative Cucuta Ltda. Resisted requests by “lack of responsibility”, having no material or legal guardian of the taxi involved, because it did not explode and only entered the owner relationship agreement for use of its name.
Remember the Supreme Court that the contract signed between the company and the driver was responsible for the former as “watcher generating activity injury” by which is subject to reproach the fact that want to evade this legal relationship face to the court action seeking reparation for the damage caused.
For the Civil Chamber there is enough to consider that there is a direct relationship after signing the affiliation contract law. “It is a duty of care, exercise power of command, leadership and effective control of the vehicle, assuming duties of diligence”.
“The affiliation agreement through which the owner of the vehicle with reflective tape is authorized to perform the public service in the respective mode, therefore, makes the company subject of rights and duties and the burden imposed on them respond for damages are caused to third parties that are caused to third parties in the exercise of the dangerous activity that involved the mobilization of motor vehicles to satisfy the aforementioned service.”