that led to the accident that resulted in the injuries. Based on this, the court ascribed 30%
of the responsibility to Sebastián Furlan and 70% of the responsibility to the State.
Consequently, it ordered the National General Staff of the Army to pay Sebastián Furlan the
sum of 130,000 pesos plus interest, in proportion to and in keeping with the guidelines
established in the judgment. The court also ordered the State to pay the legal costs
inasmuch as it was found to be substantially at fault, and taking into account the nature of
the claim.193
101. On September 15 and 18, 2000 both the defendant 194 and the petitioner195 filed,
respectively, a motion of appeal.196 The appeals court judgment, issued on November 23,
2000 by the First Chamber of the National Court for Federal Civil and Commercial Matters,
upheld the judgment. This Chamber endorsed the view that there was “a combination of
presumed responsibility (due to the risk situation) and of proven responsibility (due to the
actions of [Sebastián Furlan]).” It concluded that the lower court “correctly apportioned the
impact of both responsibilities” and that “the compensation awarded” was adequate, taking
into account the disability suffered by Sebastián, the “irreversible consequences of the
comatose state” and the treatments required. Regarding the payment of legal costs the
Chamber indicated that “it agree[d]” with the defendant that “the distribution of
responsibility […] should be reflected in the assignment of the legal costs,” therefore it
established that Sebastián Furlan should assume 30% of the corresponding payment. 197
B.6. Collection of the compensation
102. In an order issued on November 30, 2000 the judge ruled that, in accordance with
Article 6 of Law 25.344 on Financial-Economic Emergency, time periods governed by
procedural terms were suspended.198 On March 22, 2001 the petitioner, through his
attorney, paid the amounts owed 199 and requested the judge to decree the lifting of the
procedural terms and to transfer the settlement.200 On May 15, 2001 the judge approved
the sum of 103.412,40 pesos in settlement of the principal plus interest in favor of
Sebastián Furlan,201 and on May 30, 2001 a record was entered in the case file stating that
193
194
532).
Cf. Judgment issued by National Court No. 9 of Civil and Commercial Matters, pages 518 to 529.
Cf. Motion of appeal of September 15, 2000 (file of appendices to the report, volume I, appendix 6, page
195
Cf. Motion of appeal by Sebastián Furlan’s attorney of September 18, 2000 (file of appendices to the
report, volume I, appendix 6, page 533).
196
The State’s motion of appeal was filed on the grounds that the judicial decision causes “an irreparable
burden” to the State. Similarly, the applicant indicated that the judgment caused him an “irreparable burden,”
therefore he filed the motion of appeal. Cf. Motion of appeal of September 15, 2000, page 532 and Motion of
Appeal filed by Sebastián Furlan’s attorney on September 18, 2000, page 533.
197
Cf. Judgment issued by the Civil and Commercial Chamber No.1 of November 23, 2000 (file of appendices
to the report, volume I, appendix 6, page 567).
198
Cf. Order issued by the Civil and Commercial Chamber No.1 of November 30, 2000 (file of appendices to
the report, volume I, appendix 6, page 571). The Chamber issued a communication to the Office of the Attorney of
the National Treasury, which would be calculated 20 days after its receipt, after which the procedural terms would
be renewed with no further proceedings.
199
Cf. Brief of Sebastián Furlan’s attorney of March 22, 2001 (file of appendices to the report, volume I,
appendix 6, page 576).
200
Cf. Brief of Sebastián Furlan’s attorney of March 22, 2001 (file of appendices to the report, volume I,
appendix 6, page 577).
201
Cf. Communication issued by the Federal Judge of First Instance on May 15, 2001 (file of appendices to
the report, volume I, appendix 6, page 582).
35
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents