further evidence was pending production and, on March 6, he ordered the parties to be served
notice to submit their arguments on the evidence that had been produced within a period of six
days, counted as of the fifth day after notice was served of said decision.129
82.
On April 6, 2000, the attorney for the petitioner submitted his arguments on the
merits of the evidence introduced in the proceedings.130 On April 11, 2000, the EMGE’s attorney
submitted her arguments on the merits of the evidence introduced in the case, requesting that the
case be dismissed.131 On April 18,132 and May 23, 2000,133 and on another occasion between July
and September of the same year,134 the petitioner’s attorney submitted motions requesting the
judge to issue the ruling.
83.
In the trial court judgment, issued on November 7, 2000, the court ruled that the
complaint was admissible, establishing that the injury inflicted upon Sebastian was the consequence
of an unlawful attitude of carelessness or neglect on the part of the State, as the owner and the
party responsible for the property because of the conditions of the land (i.e. abandoned, with the
presence of hazardous elements, in a state of disrepair and without any enclosure or perimeter
fencing). Additionally, the judgment establishes that this property was considered by the inhabitants
of the area to be a public square and of public use, where children went to play on a regular basis.
84.
In its judgment, the court concluded that the State, in principle, was responsible for
having generated a hazardous situation by not properly fencing in the property in order to prevent
free access thereto. Nonetheless, the court also found that the case involved some responsibility
on the part of Sebastian, who by his own free will and aware of the risks that could ensue from
playing in uninhabited sectors with unfamiliar and abandoned elements, had displayed conduct that
had a causal effect on the injurious act. Based on this, the court ascribed 30% of the responsibility
to Sebastian and 70% to the State. Finding merit to the complaint against the State, and
consequently ordering the National State-General Staff of the Army to pay Sebastian the amount of
130,000 pesos plus interest (in proportion and in keeping with the guidelines provided in the
judgment), and ordering the State to pay the court costs and legal fees, inasmuch as it had been
substantially defeated and also taking into account the nature of the claim.135
85.
This judgment was appealed by both parties; the EMGE appealed on September 15
and the petitioner on September 18, 2000.136 The appeals court judgment, issued on November 23,
129
Case proceedings file titled “Furlan Sebastian Claus v National State for Damages,” page 292.
communication from the State received on October 15, 2008.
Annex to
130
Case proceedings file titled “Furlan Sebastian Claus v National State for Damages,” pages 312-315 back.
Annex to communication from the State received on October 15, 2008.
131
Case proceedings file titled “Furlan Sebastian Claus v National State for Damages,” page 316-318 back. Annex
to communication from the State received on October 15, 2008.
132
Case proceedings file titled “Furlan Sebastian Claus v National State for Damages,” page 294.
communication from the State received on October 15, 2008.
133
Case proceedings file titled “Furlan Sebastian Claus v National State for Damages,” page 305.
communication from the State received on October 15, 2008.
Annex to
Annex to
134
See document titled “enforce the order. Judgment is issued,” undated. Case proceedings file titled “Furlan
Sebastian Claus v National State for Damages,” page 319. Annex to communication from the State received on October 15,
2008.
135
Trial Court Judgment issued on September 7, 2000, National Court for Federal Civil and Commercial Matters,
Chamber No. 18, Case File No. 3.519/1997, case proceeding records titled “Furlan Sebastian Claus v National State for
Damages”, page 326 back. Annex to communication from the State received on October 15, 2008.
136
Case proceedings file titled “Furlan Sebastian Claus v National State for Damages,” pages 329 and 330. Annex
to communication from the State received on October 15, 2008.