Supreme Court dismissed appeal in work accident case, ruling second instance court need not add evidence if facts are clear.
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the plaintiff's cassation appeal against a second-instance court's decision denying a work accident claim. The plaintiff argued that the lower courts failed to order expert opinions and site inspections required by specific procedural articles. The court ruled that the second instance court is not obligated to supplement factual findings unless necessary for the case, and since the plaintiff's claims lacked evidentiary support, the dismissal was justified.
Regesto Legislator
Generato dall'IAArt. 382 KPC; Art. 278 KPC; Art. 292 KPC; Art. 316 § 1 KPC; Art. 393 § 12 KPC: The second instance court is not obliged to supplement factual findings independently of necessity; evidence is admissible only if required to clarify circumstances needing special knowledge or site inspection.