An entrepreneur client of our firm reported the fracture of the acetabulum due to a fall in a rainwater drain in a parking area on the public street in Rome (shown in the photo).
In particular, the fall was caused by the malpositioning of the protective gratings that made him lose his balance and fall to the ground.
The serious injury forced our client to a delicate surgical operation and a long stay in a nursing home for rehabilitation.
Promoted a lawsuit against the Municipality of Roma Capitale for compensation for damages caused by the lack of maintenance of the road area where the accident occurred was brought, the proceeding was extended to the company which took care of area’s maintenance and the insurance companies both of this company and the Municipality.
After hearing eyewitnesses and obtaining technical advice to determine the damage suffered by our client, the Court of Rome made a settlement proposal to the parties pursuant to Article 185-bis of the Italian Civil Procedural Code.
In particular, this proposal provided that the insurance company of the company responsible for the maintenance (the ultimate party on whom the responsibility for the damages would fall) would compensate our client for a reasonable damage in addition to the reimbursement of legal costs.
As a result of this agreement, within a relatively short time from the start of the proceedings, the parties reached a satisfactory agreement for the unfortunate citizen without having to wait for the judgment that would come after a long time.