Commentary on Judgment Cass. civ., Section III, No. 21087 of 2015: Assessment of Moral Damages
The judgment of the Court of Cassation No. 21087 of 2015 offers significant insights regarding the assessment of moral damages in cases of death of a relative. In particular, the Court examined the dispute relating to a workplace accident, establishing fundamental principles on the equitable assessment of moral damages awarded to the victim's family members.
Context of the Judgment
In the specific case, the Court of Appeal of Palermo had reduced the amount of moral damages initially awarded by the Court of Sciacca. The appellants, parents and relatives of the victim, had challenged this decision, arguing that the reduction was unjustified and lacked adequate reasoning. This judgment therefore opened an important discussion on the need for clear and detailed reasoning in the assessment of moral damages.
The equitable assessment of moral damages must take into account the severity of the event and the subjective conditions of the person.
Reasons for the Decision
The Court upheld the family members' grounds for appeal, finding that the Court of Appeal had violated the principles of equity and reasoning. In particular, it emphasized that:
- The reduction of moral damages must be justified by concrete and specific criteria.
- The judge must consider the severity of the injury and the subjective conditions of the victims.
- The lack of adequate reasoning renders the decision arbitrary and uncontrollable.
This judgment aligns with the jurisprudential principles already established by the Court of Cassation, according to which the equitable assessment of damages must always consider the specific circumstances of the concrete case.
Conclusions
The Court of Cassation, with judgment No. 21087 of 2015, reiterates the importance of reasoning in civil law, especially when it comes to the assessment of moral damages. The Court of Appeal's decision was quashed, with referral for a new assessment, so that adequate justification is provided for the quantification of damages, respecting the rights of the victim's relatives. This is an important step towards a fairer and more transparent justice system, which recognizes the value of human suffering in situations of grave loss.
