Audiência - Ação de Indenização por Acidente de Trânsito - 15/09/2016

Summary

This court hearing revolves around a traffic accident that occurred on August 26, 2009, in Rochedo, Brazil, involving a car driven by Cleusa Rosa de Oliveira and a bicycle ridden by Marco Polo Fes. The case centers on determining the fault for the accident. Several witnesses, including police officers and a civil servant, testify regarding the accident's circumstances. There were discussions on the accident's details, such as road conditions, lack of signage, and the physical damages involved. The hearing concludes with the scheduling of written final arguments for both parties.

Takeaways

• 😀 The hearing was held without the presence of the attorney for the defendant, as the attorney failed to appear despite being notified.
• 😀 The case involves a traffic accident on August 26, 2009, at around 4:40 PM, involving a Fiat car driven by Cleusa Rosa de Oliveira and a bicycle ridden by the plaintiff, Marco Polo Fes.
• 😀 The accident occurred at the intersection of Rua Bahia and Rua Diamante Azul in Rochedo, Mato Grosso do Sul.
• 😀 The plaintiff's attorney did not attend the hearing, and no settlement was proposed between the parties.
• 😀 A medical expert report was already included in the case, and the medical expert was not called to testify.
• 😀 The case centers on determining the fault in the traffic accident, with the key issue being who is responsible for the incident.
• 😀 The court proceeding proceeded with witness testimony, starting with the plaintiff's witness, Silvio Nogueira, a police officer who responded to the accident.
• 😀 The witness confirmed that the accident occurred on Rua Bahia, with the bicycle traveling in the 'center-to-bairro' direction and the car coming from Rua Diamante Azul.
• 😀 The second witness, Ronivaldo Fernandes Palermo, a police officer, confirmed his presence after the accident occurred but was unable to provide specific details regarding the accident or the condition of the vehicles.
• 😀 The third witness, Reinaldo Arti, who had some involvement with the case, stated that he arrived at the scene after the accident and could not provide additional details regarding the crash or the damages.

Q & A

What was the date and time of the traffic accident mentioned in the transcript?

The traffic accident occurred on August 26, 2009, at approximately 4:40 PM.

Where did the accident take place?

The accident took place at the intersection of Rua Bahia and Rua Diamante Azul in the city of Rochedo, Mato Grosso do Sul.

Who were the parties involved in the accident?

The parties involved in the accident were Cleusa Rosa de Oliveira (the defendant, who was driving a Fiat) and Marco Polo Fes (the plaintiff, who was riding a bicycle).

What was the condition of the plaintiff after the accident?

The plaintiff, Marco Polo Fes, sustained injuries to his abdomen and arms, which were mentioned by the witnesses.

Why was there no police report made at the accident scene?

The vehicles had already left the scene before the authorities arrived, so no police report or accident investigation could be conducted at the location.

Did the defendant's lawyer attend the hearing?

No, the defendant's lawyer did not attend the hearing, and there was no mention of the lawyer's absence being explained.

What was the key issue in dispute during the trial?

The key issue in dispute was determining the responsibility for the accident, specifically who was at fault for the collision between the defendant's vehicle and the plaintiff's bicycle.

What did the witness Silvio Nogueira confirm about the accident's location?

Silvio Nogueira confirmed that the plaintiff was riding his bicycle on Rua Bahia (a two-way street) in the direction of the neighborhood, while the defendant was driving on Rua Diamante Azul, which intersected with Rua Bahia.

Was there any conclusion about the presence of traffic signs at the intersection?

There was no definitive conclusion about the presence of traffic signs at the intersection. Witnesses were unsure about the existence of proper signage, but one witness speculated that the Rua Bahia intersection might have had a preference for traffic flow.

What was the next step in the legal process after the testimony phase?

After the testimony phase, the judge ordered both parties to submit written final arguments (memorials) within 15 days, with the plaintiff submitting first, followed by the defendant.