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Traffic Accident Lawsuit
Traffic Accident Lawsuit
SPECIAL POWER
FIRST: To manage all the necessary procedures corresponding to the claim for
damages due to a traffic accident, against Mr. BENITO MORE.
HELD: That on the twentieth (20th) day of January of the year Two Thousand
and Ten (2010), while Mr. MARCO GUTIERRE was walking along the sidewalk
of the Santiago-Tamboril Highway (Prolongación Avenida 27 de Febrero), from
East to West from the city of Santiago de los Caballeros, arriving in front of the
Hoya del Caimito School, he was run over by the closed Toyota truck, Plate No.
314-217, Chassis No.RH20V-062775, Registration No.392449, driven by Mr.
BENITO MORE , insured with COMPAÑÍA DE SEGUROS MORE, INC. ,
through Policy No. AUT-22456, which expired on the thirty-first (31st) day of
December of the year Two thousand Ten (2010), property of my requested.
________________________
LIC. YEISON MIGUEL
PUBLIC NOTARY
ME, MITOL MILEK Alguacil, Ordinary of the third Chamber of the Civil and
Commercial Chamber of the Court of First Instance of Santiago de los
Caballeros, provided with the identity and electoral card No.031-014586-7, duly
appointed, received and sworn in for the regular exercise of all the acts of my
ministry, with my study, domicile and residence in the house marked No. 16
domicile and residence at No. 11-B, on 12th street in the La Lotería sector,
Municipality and province of Santiago;
UNSCRIBED..----------------------------------------------- ---------------------------------
HELD: That articles 1382 et seq. of the Dominican Civil Code frame the
corresponding civil liability; --------------------------------------------
HELD:On July 28, 2010, the First Criminal Chamber of the Judicial District of
Santiago, through Correctional Sentence Number 455, agreed in favor of Mr.
MARCO GUTIEERE a compensation of FIFTEEN THOUSAND PESOS
(RD$15,000.00), for the moral and material damages suffered by him in the
indicated accident;--------------------------------------------------
----------------------------------
HELD: Any person who succumbs in justice must be ordered to pay the costs of
the process, ordering their distraction for the benefit of the Lawyer who claims
to be advancing them in most or all of them; ---------- ----------
FOR ALL THESE REASONS AND REASONS, and those that may be alleged
in due course if necessary, HEAR my request to my requester and to the
Judges of the Court of Appeal of the Judicial Department of Santiago,
representatives of the case, FAIL:----- --------------------------------------------------
-------------------
FIRST: That the Fourth Ordinal of Correctional Sentence No.455, dated July 28,
1989, issued by the First Criminal Chamber of the Judicial District of Santiago,
be modified, regarding the payment of compensation, so that in Instead of
FIFTEEN THOUSAND PESOS (RD$15,000.00), express the sum of ONE
HUNDRED THOUSAND PESOS (RD$100,000.00) or a sum that the Judges
consider more fair and equitable; --------------------------------------------------
-----------------------------------------
This act consists of three (3) sealed pages, initialed and signed by me, in
original and copies.---------------------------------------
-------------------------------------------------- ---------------
COST: RD$1,500
3) Medical certification, given by the medical examiner, Juan Mejía, where the
fractures and blows that the deceased received in such a spectacular accident
come to light.
In the city of Santiago de los Caballeros on the seventeenth (17th) day of the
month of January of the year two thousand ten (2010).----------------------
-------------------------------------------------- ------
______________________________
LIC. ANGEL SANCHEZ SANCHEZ
ONLY: That you be designated to establish the Chamber in which the hearing of
THE CLAIM FOR DAMAGES AND LOSSES FOR TRAFFIC ACCIDENT, filed
by Mr. MARCO GUTIERRE against Mr. BENITO MORE and the COMPAÑÍA
DE SEGUROS MORE, INC -- will be heard. -------------------------------------------
Honorable Judge:
FIRST: Admit the CLAIM FOR DAMAGES FOR TRAFFIC ACCIDENT, between
Messrs. MARCO GUTIEERE AND BENITO MORE and Mr. ENRIQUE MORE.
AND MORE INSURANCE COMPANY, INC. ---------------------------
HELD: That articles 1382 et seq. of the Dominican Civil Code frame the
corresponding civil liability; -------------------------------------------
HELD:On July 28, 2010, the First Criminal Chamber of the Judicial District of
Santiago, through Correctional Sentence Number 455, agreed in favor of Mr.
MARCO GUTIERRE a compensation of FIFTEEN THOUSAND PESOS
(RD$15,000.00), for the moral and material damages suffered by him in the
indicated accident;--------------------------------------------------
----------------------------------
FOR ALL THESE REASONS AND REASONS, and those that may be alleged
in due course if necessary, HEAR my request to my requester and to the
Judges of the Court of Appeal of the Judicial Department of Santiago,
representatives of the case.
FAIL:
FIRST: That the Fourth Ordinal of Correctional Sentence No.455, dated July 28,
1989, issued by the First Criminal Chamber of the Judicial District of Santiago,
be modified, regarding the payment of compensation, so that in Instead of
FIFTEEN THOUSAND PESOS (RD$15,000.00), express the sum of ONE
HUNDRED THOUSAND PESOS (RD$100,000.00) or a sum that the Judges
consider more fair and equitable; --------------------------------------------------
-------------------------------------------------- -
It is fair that we ask you, in the city of Santiago de los Caballeros, Dominican
Republic, on the twelve (12) day of the month of August of the year two
thousand ten (2010).---------- --------------------------------------------------
-------------------------------------------
ACT NUMBER.746/2010
In the city of Santiago de los Caballeros, municipality and province of Santiago,
on TWO (16) days of the month of JANUARY, in the year two thousand ten
(2011).-------------- ----------------
By this same act, my requested person is informed that he has a period of sixty
(60) days to appeal said sentence, counted from the date of this notification and
at the same time THE APPOINTMENT and SUMMONS to Appear legally
before the Office of the justice of the peace of the Municipality of Santiago,
located in the Antonio Guzmán Fernández Building (El Huacalito), Located on
Avenida Estrella Sadhala corner Avenida 27 de Febrero, in this city of Santiago,
so that once there you can hear the pronouncement of said divorce at three
(3:00) hours in the afternoon, which we will count on the thirteenth day (16) of
the month JANUARY of the year two thousand eleven (2011). Warning Mr.
ENRIQUE IGLESIAS and COMPAÑÍA DE SEGUROS IGLESIAS, INC. That
this procedure will be carried out both in your presence and in your
absence.--------------------------