Supreme Court quashes appeal judgment for lack of evidence on fault and allows statute of limitations defense in second instance.
Legislator summary
AI generatedThe Supreme Court quashed the appellate court's judgment because it failed to conduct its own evidence gathering regarding the defendant's fault, relying solely on the first instance record. The defendant argued that the claim was time-barred and that liability should be based on fault rather than strict risk, while the first instance court had ruled on strict liability. The court held that determining fault requires specific evidentiary proceedings and that a statute of limitations defense remains valid even if raised for the first time in the appeal.
Legislator headnote
AI generatedArt. 415 KC; Art. 382 KPC; Art. 233 § 1 KPC; Art. 3931 § 1 KPC: A second-instance court must conduct its own evidence proceedings to determine fault; failure to do so violates procedural law, and a statute of limitations defense is admissible in appeal regardless of timing.