Analysis of Judgment Cass. civ., Section VI, Ord. no. 36297/2022: Civil Liability and Damages Compensation

The recent order of the Court of Cassation, Section VI, no. 36297/2022, offers significant food for thought on the subject of civil liability in road traffic matters and the assessment of damages for loss of parental relationship. The case originates from a tragic accident in which a young woman lost her life, involving several family members in the claim for compensation.

The Case Under Review

The road traffic accident, which occurred in 2013, led the victim's mother and sister to seek compensation exceeding the sums already paid by the insurance company. The Court of Cremona, however, had rejected the claims, deeming the emotional ties insufficient to justify higher compensation. The Court of Appeal of Brescia partially granted the requests, establishing percentages of responsibility between the victim and the driver of the vehicle.

The Court highlighted that the burden of proof for the intensity of the emotional bond rests with the heirs, and that the assessment of damages must be reasoned based on the specific situation.

Legal Principles Applied

The Court of Cassation reiterated some fundamental principles regarding compensation for damages due to loss of parental relationship. In particular, the need to prove the effectiveness of the emotional bond emerged, an aspect that cannot disregard the assessment of cohabitation and the quality of relationships. The Court referred to previous case law, such as judgments Cass. 21230/16 and 7743/20, which state that the judge has the discretion to deviate from the minimum values provided by the Milan Tables, provided that their decision is adequately reasoned.

• Importance of proving the emotional bond
• Possibility of deviating from tabular values with reasoning
• Assessment of concurrent liability in road traffic accidents

Conclusions

The judgment under review highlights the complexity of relational dynamics in the event of road traffic accidents and the need for a thorough assessment of liability. The recognition of damages for loss of parental relationship must not be automatic but must be based on concrete evidence and an equitable assessment of the specific circumstances. Heirs must be prepared to demonstrate the intensity of their emotional bonds to obtain adequate compensation, following the jurisprudential guidelines established by the Court.