II UKN 540/99
AI generated
Supreme Court dismissed cassation for failure to prove procedural error regarding non-notorious facts.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by Aleksander W. against a lower court decision that rejected his claim for a work accident. The appellant argued that the lower court erred in treating the defendant's act of removing metal shavings with a match as a well-known fact, whereas the Court held such personal health precautions are not notoriety. The Court reasoned that individual reactions to eye injuries vary and cannot be assumed known to all reasonable people, thus requiring expert evidence rather than judicial presumption.
Legislator headnote
AI generatedArt. 228 § 1 KPC; Art. 393 § 1 KPC; Art. 393 § 2 KPC: Facts concerning human care for one's own health do not belong to the category of universally known facts and must be proven by evidence.
Keywords
AI generated
universally known facts
notoriety in civil proceedings
work accident compensation
cassation procedure
burden of proof
expert opinion
health precautions
Cited Legislation
AI generatedArt. 228 § 1 KPC
Art. 393 § 1 KPC
Art. 393 § 2 KPC