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The plaintiffs allege in their complaint, in summary, that on August etilismo agudo,Mr. Legal assistance to the plaintiffs was approved on p.

Martínez, María Teresa

Upon being summoned, the defendant presented a rebuttal pp. The judgment was given on pp. The same finding held that it was not the case that deceitful advertising or the omission of a relevant fact was capable of leading the victim into error, such that it would encourage the smoker to behave in a manner prejudicial to his own health.

Unwilling to accept the verdict, the plaintiffs appealed pp. They asserted that it etilismo agudo been amply proven in the record of the proceedings that Mr. Valdemiro was not subject to any cause other than tobacco use that could lead to his pulmonary etilismo agudo cardiac problems, as well as his death.

It was added that it had also been proven that Etilismo agudo. Valdemiro was a compulsive smoker, habituated for more than 20 years, physically and chemically addicted because of having smoked during this period only cigarettes of the brand of the respondent.

It was concluded that the history of the late plaintiff, testimony, opinions and documents make it plain etilismo agudo the illness that led to his death resulted from tobacco use, and for this reason the plaintiff should be indemnified by the respondent which placed on the market a product that poses a risk to consumers.


The respondent presented rebuttals pp. The appellants are litigating on terms of legal representation without charge, which justifies the lack of appellate preparation. I am hearing the appeal, inasmuch as the requirements for etilismo agudo have been met.

Being a matter of public order, I proceed to analyze it. This allegation does not deserve to be upheld, insofar as the rule in Article 27 of the CDC has no bearing on the case under discussion. Now then, it is discerned from the complaint that the present suit for indemnification is founded on the civil liability etilismo agudo ordinary law, Art.

Since a defect of a product referred to in the consumer protection law is not the principal grounds for indemnification, but rather, a civil liability suit regulated by the Civil Code is involved, the five-year statute of limitations in Art. Therefore I reject the motion for dismissal.

In the case before us, Mrs.

Dias, et al. v. Souza Cruz

It happens that over the years his health was weakened because of smoking, but he was unable to quit because he was addicted.

According etilismo agudo the death certificate on page 22, the victim began smoking when he was still young and inexperienced, in other words he started smoking at the age of 19 nineteenultimately leading him to addiction by the time he was fully mature.

Now then, it is well known how hard it is to quit smoking, it being the case that the victim was strongly influenced by advertisements and by society at that time regarding the pleasures of smoking, for which reason the manufacturer of cigarettes cannot now escape from its liability.

Analyzing the evidence introduced into the record of the proceedings, I understand that the acute pulmonary edema and hypertrophic cardiopathy that culminated in the death of the late husband of the plaintiff did indeed result from the continuous use of cigarettes produced by the respondent.

Valdemiro suffered from hypertrophic cardiopathy; that myocardiopathy is one of the causes of hypertension; That not every smoker is hypertensive, but all hypertensives who smoke aggravate their disease … " From a medical point of view and, naturally, a technical one, the evolution of the disease has been demonstrated and identified in the record of the proceedings, as well as the harm and the nexus of causality between the smoking habit and the diseases with which Valdemiro was afflicted.

Valdemiro worked; that his children were minors; that Mr. Valdemiro was a taxi driver; …; that the deponent always saw Mr. Valdemiro with HOLLYWOOD cigarettes; …; that a while ago the Ministry of Health started warning people of the addiction; that before Souza Cruz encouraged people to smoke through sumptuous television commercials and billboards; that as far as the deponent knows, Mr.

Valdemiro never sought medical help to stop smoking; that he wanted to stop smoking, but his addiction overcame this desire … ". Valdemiro in or and that he always saw him smoking Hollywood brand cigarettes; that Mr.