Final judgment allowing the claim

Final judgment allowing the claim

A five-year-long trial conducted on behalf of our Client (the plaintiff) – a company managing the railway infrastructure in Poland – ended successfully before the Court of Appeal. The Court of Appeal in Łódź dismissed the defendants’ appeals, which led to the judgment of the Court of First Instance, awarding our Client the sum of PLN 1,297,830.97 together with interest from the defendant rail transport company and its insurer becoming final.

The dispute between the Parties concerned compensation for damaged railway infrastructure. Although the defendant took the position that it was not liable because the claim should be addressed to a third party, in the Court’s view, there was no doubt that the defendant, as the dependent owner, i.e. the lessee of a mechanical railway vehicle, was liable for damages in this case. However, the basis for the insurer’s liability was the insurance agreement concluded with the defendant lessee. 

The evidentiary proceedings, including in particular three expert opinions prepared for the purposes of the trial, confirmed the reasonableness and the amount of the damages awarded.

The case was handled by barrister Anna Marciniak and attorney-at-law Przemysław Przerywacz. 

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