The Court of First Instance and Instruction number 4 of Martorell has sentenced the insurer Plus Ultra, of the Catalana Occidente group, to indemnify 1.26 million euros, plus legal interests, which could double the figure, to a driver for the serious injuries and aftermath he suffered in a multiple accident on the B-224, at the height of Martorell. The sentence indicates that on February 21, 2012, the plaintiff was driving his car with his vehicle along that road in the direction of Piera when he had to stop as there was a traffic jam. "Absolutely suddenly and unexpectedly," remarked the court, a large tonnage truck could not stop and collided from behind with the applicant's tourism and in turn he hit the one that preceded him "and this with the one that followed, causing this way a chain collision between the four vehicles. "

The plaintiff, who was 35 years old at the time of the events, was trapped in the vehicle and was there for an hour to be able to leave, which caused him a significant compression injury to the sciatic nerve of great intensity. After a year and a half of the incident, the company paid him 74,000 euros for the injuries, although he claimed that he suffered significant damage that prevented him from carrying out his professional tasks normally, he had to close his business, he could not be with his young children and was dependent on his wife.

For this reason, the plaintiff, represented by lawyer Mónica Santiago de Vosseler Abogados, claimed the company for the physical and emotional injuries that he felt, since for a long time he visited a specialist to know the reason for the symptoms he had as a result of the accident as pain in the right lower extremity, tingling, numbness, or inability to walk. The situation also caused him a depression, due to the intense pains in the sciatic nerve that he suffered and the dependence on his wife that took him around the house since he could not climb stairs.

The sentence highlights that the company must compensate the driver for the injuries and serious consequences produced in the accident, since it considers that it was proven that they were caused by being trapped in the vehicle for more than an hour. It also makes the defendant company, which denied this imprisonment, ugly, to give up questioning the driver during the trial, since he first requested it but later resigned. The judge considered that the insurer lost her opportunity to clarify her doubts or the lawyer to see if it entered into a contradiction.

Specifically, the judge indicates that before the accident the driver was "a person with an absolutely normal life, with the medical history of" anyone and after the accident "of great intensity and proven an entrapment inside the vehicle, a whole lot of luck arose of pathologies and undoubted pain, there is no other conclusion to this premise except that the accident was the cause of the injuries that are now being claimed. " He also concludes that "there is no doubt about the existence of this pain, which is objectified by all the manifestations made during the entire period of medical treatment and which persists to this day".

The plaintiff's legal representatives detail that after paying him 74,000 euros for the injuries, the company did not contact him again during the eight years that the procedure lasted. That is why they regret that "the abandonment of our client was manifest and intentional, trusting that he would have some" medical antecedent to dismiss the petition, although the expert reports showed that his serious damage was linked to the incident.

The lawyer claims that the plaintiff's version can be heard in cases with major civil injuries, since "in addition to shedding light on the case" they can express their version before the judge "after much repression and frustration." It also asks the administration to create a specialized court for claims for major injuries resulting from traffic accidents and medical negligence. The sentence of the Martorell court can be appealed, so it must still be years before it is carried out as long as a court ratifies it.

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