Legislator Case Law & Legislation
II UKN 278/98 AI generated

Supreme Court dismissed cassation against a work accident ruling due to the plaintiff's gross negligence in proximity to tree felling.

Case Number II UKN 278/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a qualified forestry worker against a lower court's decision regarding a workplace accident. The plaintiff argued that his presence four meters from a felled tree was not his sole fault, but the court found he was grossly negligent for being in such close proximity to a tree being cut by another worker. The court ruled that the plaintiff, possessing specific qualifications, should have foreseen the danger and maintained a safe distance, thereby establishing his negligence as the exclusive cause of the accident.

Legislator headnote

AI generated

Art. 393 § 1 KPC; Art. 386 § 5 KPC: The Supreme Court dismisses a cassation appeal when the lower court correctly established facts proving the plaintiff's gross negligence as the exclusive cause of a workplace accident, and the appeal fails to demonstrate procedural violations or material law breaches.

Keywords

AI generated
gross negligence workplace accident exclusive cause cassation appeal forestry safety regulations procedural composition predictive ability

Cited Legislation

AI generated
Art. 393 § 1 KPC
Art. 386 § 5 KPC
Art. 233 § 1 KPC
Art. 328 § 2 KPC
Art. 382 KPC
§ 8 and § 9 of the Decree of Ministers of Labour, Forestry and Health of 26 February 1953
§ 134 of the Safety and Hygiene Instructions for Basic Wood Production Operations of 1 March 1991

Cited Case Law

AI generated
III URN 40/80 (PiZS 1982 z. 7, poz. 55)

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