the head despite her resistance,” “tr[ying] to jump on top of a female student” or “pull[ing]
down his pants and underwear in the classroom.”
B)
Civil suit for damages and collection of the compensation
78.
On December 18, 1990 Mr. Danilo Furlan (hereinafter also “the petitioner” or the
“plaintiff”), assisted by an attorney, filed suit in the civil courts – National Civil Court and
the Federal Commercial Court No. 9- against the State of Argentina, to claim compensation
for damages stemming from the disability of his son, Sebastián Furlan, due to the accident.
The application stated that the suit was filed in order to interrupt the prescription of the
action, with a provision to extend it later.99
79.
On December 24, 1990 the judge ordered the case file to be forwarded to the Civil
and Commercial Office of the Public Prosecutor to rule on its jurisdiction. 100 On February 11,
1991, the Public Prosecutor’s Office ruled that the process initiated was subject to the
provisions of Decrees 34/91 and 53/91,101 relating to the temporary suspension, for a
period of 120 days, of law suits and administrative claims against the National Government
and Public Sector entities.102
B.1) Addendum to the complaint103
80.
On April 16, 1991 the petitioner submitted an addendum to the complaint originally
filed, seeking compensation for: i) “moral injury [due to] the physical and psychological
suffering stemming from the accident”; ii) “the aftereffects from the brain injuries
sustained, which will prevent him [Sebastián Furlan] in the future from undertaking college
level studies or even from completing high school”; iii) “the aftereffects from the physical
injuries sustained which prevent him and will prevent in the future from having a normal
social life,” and iv) “recurring brain and physical injuries, which manifest themselves as
repeated headaches, memory loss and numbness in limbs.” On that occasion, an official
letter was sent to the Property Registry of the Province of Buenos Aires asking it to report
on who held ownership of the property on the date when the accident occurred and the
notice of the suit was requested.104 Subsequently, the petitioner sought the benefit of
99
Cf. Lawsuit filed by Danilo Pedro Furlan of December 18, 1990 (file of appendices to the report, volume I,
appendix 6, page 93 to 95).
100
Cf. Brief of the Federal Judge addressed to the Public Prosecutor’s Office of December 24, 1990 (file of
appendices to the report, volume I, appendix 6, page 96).
101
Cf. Brief of the Public Prosecutor’s Office of February 12, 1990 (file of appendices to the report, volume I,
appendix 6, page 97).
102
Cf. Brief of February 11, 1991 of the Public Prosecutor’s Office (file of appendices to the report, volume I,
appendix 6, page 97) and Law 34/91 regarding the temporary suspension of administrative claims and lawsuits
against the State and public sector institutions (file of appendices to the report, volume II, appendix 10.1, page
1004).
103
Article 331 of the Code of Civil and Commercial Procedure of Argentina establishes that “The applicant
may amend the lawsuit before it is served. Likewise, he may increase the amount claimed if new terms or
installments of the same obligation expire prior to the ruling. Proceedings prior to the extension will be considered,
and will be substantiated solely with a transfer to the other party. Cf. Law Decree 17454 of 1967 (file of appendices
to the report, volume VII, page 3154).
104
Cf. Addendum to the lawsuit filed on April 16, 1991 (file of appendices to the report, volume I, appendix 6,
page 109 to 114).
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