The Spanish Administrative Court number 3 of Alicante has heard a hearing at our request today on the Appeal No. 113/2016. In this hearing a damage claim has been tried by Carlos Baño’s lawyers in defense of a minor who suffered an injury as a result of fall caused by pavement in disrepair during the celebration of a competition in the Park of L’Aiguera of Benidorm.
Both the photographs and the witnesses demonstrated that in the park there was a hole in the pavement of which they were not noticed by the lack of illumination or of a danger signal and that the hole was of sufficient size so that the minor could introduce her leg and suffered some bruises.
Given that at that time she had no injury whatsoever except pain and that she could continue, they did not call the medical service or the police and only after a few hours did she begin to notice that the pain in the leg increased and she had to go to an emergency room that night and to the hospital the following day, where she was diagnosed with a sprain that took 229 days to consolidate.
Against the approach of lawyers of Carlos Baño León, the City Council claimed that there was no direct evidence that there had been such a fall in said park and in the place indicated, and supported this argument alleging that there was no police intervention, which in his opinion would have been a necessary evidence.
It was also censored that only witnesses that were friends and not other people had been contributed, and likewise that the sidewalk of the park at that point was very wide and therefore the fall could not have occurred at that point. However, this last argument was made for dialectical purposes and never in recognition of the occurrence of such an accident at that point.
Apart from discussing the damaging effects of this fall and of challenging the expert report that we provided, he argued other arguments that seemed to us of less consideration, hence we do not comment.
The trial was seen for sentencing.