The Judicial Court of São Paulo (TJSP) has ruled that a public servant must pay compensation to the city government of São Paulo for causing an accident caused by alcohol, causing him to lose control of his truck on a slope, colliding with a house, and running over three people. The amount of compensation was set at R$133,000.
The decision came almost 29 years after the December 1996 incident on Calle Agua Encantada in Vila Ede, north of São Paulo. Initially, the city hall lost the lawsuit and was forced to pay compensation to the victims in 2023, but later filed an appeal to prosecute the officials responsible for the accident.
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The Second Public Law Chamber upheld the first instance judgment, which ordered the City Hall to pay the same amount as the amount it spent on compensation in 2023.
The truck driver had already been charged and convicted of manslaughter. In the accident, a child and a couple were hit after losing control of the car. Photos taken two years ago show pilasters and iron chains attached to the facades of the damaged houses.
Witnesses said the man had been drinking at a nearby bar before getting behind the wheel. Experts also pointed out that the truck’s tires were not placed on a steep slope as required by safety protocols.
In its appeal, the defendants argued that the municipality was responsible for “failing to properly maintain the brakes on its trucks, which were previously known to be defective.” He also denied being drunk.
“It is undisputed that he was grossly negligent in the performance of his duties, and his actions were the proximate cause of the damages for which the city is required to pay restitution,” said reporter Cynthia Thome.
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