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FILE | Rodrigo Pino | RBB
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The Rancagua Court of Appeals confirmed the sentence that ordered the concession company San Francisco Investment SA to pay a total compensation of 110 million pesos to the father and brothers of a worker at the Monticello casino, located in the commune of San Francisco de Mostazal, who shot dead in July 2017 by a client who entered the premises armed.
In a unanimous ruling, the Second Chamber of the Court of Appeal rejected the appeals of the parties and confirmed the sentence handed down by the Second Civil Court of Rancagua, which established the responsibility of the casino in the death of the worker.
In this way, the president of the Court of Appeals of Rancagua, Marcela de Ouch, pointed out that with the confirmation of the sentence, the appeal presented by both parties was also rejected, one for exonerating the responsibility and the other to request an increase in amounts.
“The responsibility attributed to the defendant Casino is based on the infringement fault by own fact, in accordance with the provisions of articles 2314 and 2329 of the Civil Code, due to not having complied with the duty of care imposed by law, consisting of preventing people from entering the casino with firearms ”, the ruling maintains.
For these considerations and the provisions of the Code of Civil Procedure, it was confirmed the sentence handed down by the Second Civil Court of Rancagua.
In the case it was established that on July 2, 2017, around noon, inside the Sun Monticello gaming casino, located in the district of San Francisco de Mostazal, the veterinarian Osvaldo Campos Azócar, a client of the enclosure, “fired shots with a firearm in one of the game rooms, as a result of which different people were injured, two of them dying at the scene, one of whom corresponds to Óscar Reyes Valenzuela, son and brother of the plaintiffs, respectively, who at the time of the events was working as the casino’s ‘Gaming Duty Manager’ ”.
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