120,000 (one hundred and twenty dollars of the United States of America) for Sebastián
Claus Furlan.
315.
Regarding Danilo Furlan, the Court considers that the prolonged quest for judicial
compensation and the medical care required by his son took up a large part of his time, and
this prevented him from devoting himself to the work activities needed to maintain his
income from the sale of used cars. Since he suffered financial harm as a result of the need
to seek medical assistance for his son, a causal relationship exists between the violations
declared in this case and his loss of earnings.
316.
The representatives attached documents related to Mr. Danilo Furlan’s work
activities482. However, given the types of financial activities carried out by Mr. Danilo Furlan,
that evidence is not sufficient to exactly determine the damages for loss of earnings caused
to his detriment. Therefore, the Court, based on the principle of equity, sets the sum of US$
30,000 (thirty thousand dollars of the United States of America) for loss of earnings. In
addition it is reasonable to suppose that Mr. Danilo Furlan and Mrs. Susana Fernández
incurred expenses in having recourse to the courts of justice and state institutions in order
to obtain justice and medical attention for Sebastián Furlan. Therefore, based on the
principle of equity, the Court establishes as compensation for consequential damages the
sum of US$ 6,000 (six thousand dollars of the United States of America) in favor de Danilo
Furlan and US$ 3,000 (three thousand dollars of the United States of America) in favor of
Susana Fernández.
C.2)
Non-pecuniary damage
Arguments of the parties
317.
The representatives requested compensation for non-pecuniary damages for the
“emotional suffering […] reflected in the anxiety, anguish, uncertainty, expectations and
frustration that judicial proceedings lasting so many years causes to anyone.” Regarding
Danilo Furlan, Susana Fernández, Claudio Edwin Furlan and Sabina Furlan they mentioned
“the disintegration of the family following Sebastián’s accident,” as well as the divorce of
Susana and Danilo, owing to “the damage to their mental and moral integrity and also the
impact on their social and work relationships and on the dynamics of the family unit, which
was never able to return to the living conditions that existed prior to the facts.” They
requested the Court to order the payment of US$ 150,000.00 (one hundred and fifty
thousand dollars of the United States of America) in favor of Sebastián Furlan, US$
100,000.00 (one hundred thousand dollars of the United States of America) in favor of
Danilo Furlan, US$ 70,000.00 (seventy thousand dollars of the United States of America) in
favor of Susana Fernández, and US$ 50,000.00 (fifty thousand dollars of the United States
of America) each in favor of Claudio Furlan and Sabina Furlan. In addition, they requested
compensation amounting to US$ 70,000.00 (seventy thousand dollars of the United States
of America) in favor of Sebastián for the presumed harm to his relationships with others.
318.
The State argued that these “considerations were already taken into account by the
judgment of National Federal Civil and Commercial Court No. 5 of the City of Buenos Aires,
and confirmed by the First Chamber of the National Federal Civil and Commercial Chamber.”
It added that the representatives sought “to duplicate the compensation by means of this
application when, in fact, the underlying reason is their disagreement with the amount
482
Cf. Documentation related to the work of Danilo Furlan, including receipts for the purchase and sale of
cars and documents of transactions associated with that work (file of appendices to the brief of pleadings and
evidence, volume VII, appendix XXVI, pages 2829 to 3083).
99
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