Municipal Liability for Vehicle Damage in Public Service Operation

An individual sued a municipality for damages after a vehicle, driven by an agent of the municipality acting within the scope of employment, struck the plaintiff's property, causing damage; the lower court rejected the claim based on the municipality's lack of fault, characterizing the act as one of public service administration that requires proof of a specific fault, which the plaintiff failed to establish. The highest court upheld the lower court's decision, reasoning that liability for damages caused by a public service requires proof of a specific fault attributable to the service, and since the lower court correctly determined that no such fault was proven regarding the operational management of the vehicle, the claim for indemnity against the municipality was properly dismissed.