Legislator Case Law & Legislation
II UKN 131/97 AI generated

Supreme Court dismissed appeal in work accident case, ruling second instance court need not add evidence if facts are clear.

Case Number II UKN 131/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's cassation appeal against a second-instance court's decision denying a work accident claim. The plaintiff argued that the lower courts failed to order expert opinions and site inspections required by specific procedural articles. The court ruled that the second instance court is not obligated to supplement factual findings unless necessary for the case, and since the plaintiff's claims lacked evidentiary support, the dismissal was justified.

Legislator headnote

AI generated

Art. 382 KPC; Art. 278 KPC; Art. 292 KPC; Art. 316 § 1 KPC; Art. 393 § 12 KPC: The second instance court is not obliged to supplement factual findings independently of necessity; evidence is admissible only if required to clarify circumstances needing special knowledge or site inspection.

Keywords

AI generated
work accident claim second instance court supplementing evidence expert opinion admissibility site inspection necessity cassation appeal dismissal procedural obligations

Cited Legislation

AI generated
Art. 382 KPC
Art. 278 KPC
Art. 292 KPC
Art. 316 § 1 KPC
Art. 393 § 12 KPC
Art. 234 KP

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