Overview
- The case stems from a fall in a Morón pedestrian tunnel on April 20, 2017, when a 67-year-old woman tripped on a damaged step and broke her right humerus.
- The Cámara de Apelación en lo Contencioso Administrativo de San Martín confirmed the municipality’s objective liability for failing to maintain the stairs and upheld ARS 4,500,000 for the plaintiff’s 10% permanent incapacity.
- The court annulled the earlier ARS 1,500,000 award for moral damages because the plaintiff did not specifically claim or substantiate that item in the record.
- Judges gave limited weight to a 2023 engineering report produced after the tunnel was remodeled and fenced, instead relying on two eyewitness accounts and photographs showing bent metal and worn steps.
- The court set a two-stage interest rule—6% annual until the first-instance judgment and then the highest 30-day fixed deposit rate at Banco Provincia—and ordered the insurer to pay up to revalued policy limits with the municipality covering any shortfall while costs and fees are reserved for later.