Through judgment SC506-2022, the Supreme Court of Justice ruled that the National Coffee Park must pay compensation for moral damage to a 54-year-old teacher who resulted in a broken spine after climbing a roller coaster located inside the amusement center.
According to the high court, the events took place in November 2012 when the affected teacher, identified as Ana María Hoyos Pontón, entered the recreational park with 30 students in order to advance a pedagogical day.
Because of the discomfort in her back, the Court reported that the 54-year-old woman had to immediately seek help from the person who was in charge of the mechanical attraction. However, according to the sentence, no nursing aide showed up for her care.
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Faced with the pain and lack of attention received, the teacher had to go by cable car to the entrance of the park to be provided with a wheelchair. Once there she also received an acetaminophen and a back massage.
However, the teacher concerned decided to file a lawsuit against the amusement park for failing to guarantee its safety and, therefore, to pay him compensation for the moral and life damage he suffered as a result of the injury caused on the roller coaster.
The Supreme Court of Justice found the reason for the 54-year-old woman and established through the ruling that the National Coffee Park must pay her compensation for moral and life damage.
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Following the decision, the Court recalled that “civil reparations seek to compensate the victim, not recognition without just cause”, while clarifying that “old-age, invalidity or survivor's pension is not compensation, since it originates from contributions made to cover the risks”.
It should be remembered that this is not the only emergency that has been reported on a roller coaster in the National Coffee Park. In December 2021, a mechanical failure was reported within that attraction, which caused the train carrying users to suddenly retreat at one of the curves. Although no one was seriously injured, those on board the wagons experienced moments of anguish as the cars of the mechanical attraction receded.
Here is the full document of the Supreme Court of Justice:
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