Petrov, taking advantage of the lack of guards garage

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Uploaded: 10.12.2018
Content: S18-397.docx 15,32 kB

Product description


Petrov, taking advantage of the lack of security guards of the garage, which belonged to CJSC "Mekhkolonna No. 5", where he worked as a driver, at twelfth one o´clock in the night, he arbitrarily took the car out of the garage. Leaving the garage and developing speed, Petrov lost control of the vehicle and ran over Lamanov, causing him severe injury - a fracture of six ribs and spinal damage. Lamanov lost his professional ability by 90%, becoming a disabled person in group I. Lamanov sued Mekhkolonna No. 5 CJSC for compensation for harm: 1) to health (his earnings before the accident were 12,000 rubles); 2) about covering the cost of caring for him - 7,000 rubles (Lamanov´s wife was forced to leave work to care for her husband, losing a monthly salary of 7,000 rubles).
The representative of JSC "Mekhkolonna No. 5" did not admit the claim, referring to the fact that the car went out of the possession of the company against his will.
The court attracted to participate in the case of Petrov and put the responsibility on him and JSC "Mekhkolonna No. 5" jointly and severally.
Analyze the arguments of the parties. Is the judgment correct?

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