The woman fell trying to escape the rodent and said she stopped working for 75 days!!
The fast food franchise Mc Donald's was ordered to pay R $ 40,000 a client who fractured her ankle trying to escape from a rat in a chain store in Rio de Janeiro. According to the author of the action, she would have climbed a chair to escape the rodent, when she realized that he was trying to climb the furniture and soon afterwards fell to the ground and injured. After surgery to treat the fracture, the client was unable to attend work for 75 days, receiving a benefit from the INSS in that period, whose value is lower than her salary.
In addition to the $ 40,000 moral damages claim, the lower court judge ruled that the franchise paid the salary difference that the client failed to receive as a result of the accident. In addition, the Rio Court of Justice added to the conviction an indemnification for esthetic damage due to ankle surgery, fixed at R $ 1,000, and another for permanent partial disability, which is calculated based on 3% of life expectancy of the woman.
In her defense, the franchise alleged that the author had fully recovered from the fracture, as a way of dismissing the conviction for alleged permanent partial incapacity, and argued that the amount established for moral damages had been "disproportionate to the damage suffered" by the client.
The special rapporteur, Minister Isabel Gallotti, pointed out that, according to a decision of the Rio Court of Justice, the clerk received no help from the officials who were there, and one of them had her stand up after the fall. In addition, the manager would have stated that "he knew a fracture, and that in her case, it was not."
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