According to the judges, geographical distance does not exclude “the relationship of affection and mutual solidarity”. A Romanian woman was working as a caregiver in Italy, and she died in a road accident. The civil justice determined that the victim’s two sisters, who live in Romania, must receive compensation.
The judges of the civil section of the Court of Appeal of Perugia reformed, accepting the request of the relatives, a sentence of first instance which had excluded two sisters from the right to compensation for parental damage following the death of a third sister who was working in Umbria. According to the trial judge, the fact that the two women were domiciled in Romania did not prove “the existence of relationships of affection and mutual solidarity”.
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For the Appeal judges, however, “in the absence of evidentiary elements on the basis of which it can be assumed that the relatives are indifferent or hate each other, the mere geographical distance does not exclude the existence of an emotional relationship, which can be presumed only on the basis of a close parental relationship, the distance affecting the amount of compensation, together with the other circumstances of the concrete case”.
As a result of the guidance of the Court of Cassation, the judges of the Court of Appeal recognized “the existence of the right to compensation for the damage from the loss of the parental relationship towards the sisters of a person who died in Italy during a road accident, considering the fact that they lived in Romania and in places different and distant from each other which in itself is not sufficient to exclude the relationship of mutual affection and solidarity with the deceased family member,” according to Perugia Today.
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Tags: carer dies road accident Italy sisters live Romania compensated
