El Ciudadano
Original article: Ataque cobarde a adulta mayor: conductor casi la atropella, la gritoneó y la golpeó por la espalda
On September 7, 2024, in the Lo Barnechea district, eastern Santiago, a 73-year-old woman was nearly hit by a car driven by Martín Kunstmann Rojas as she attempted to cross in front of a parking lot. The situation escalated into an assault when the driver got out of the vehicle to shout and insult the elderly woman. Once she began to walk away, he exited the car again to strike her from behind. The incident, captured by security cameras and supported by a police report, has now been brought to justice, which has mandated a compensation for the victim.
The Eleventh Civil Court of Santiago, presided over by Judge Patricio Hernández Jara, sentenced Kunstmann Rojas to pay a total of $20,091,080 for emergent damages and moral damages, establishing his «extracontractual responsibility» for the injuries inflicted on the senior citizen, whom he attacked with blatant intent.
The ruling outlines a sequence of events indicative of malice: first, a vehicle entry nearly grazing the victim; then, insults shouted upon the first exit; and finally, the most serious act—a blow delivered from behind when the woman, already retreating, had assumed the altercation was over. «The defendant made a deliberate decision to physically intervene against the plaintiff when there was no longer a risk situation,» the judgment emphasizes, dismissing any interpretation of the encounter as accidental or defensive.
According to the judge, Kunstmann Rojas made a «deliberate, free, and conscious decision to physically intervene against the plaintiff when there was no longer any risk to himself or his daughters, although, in fact, there never was.«
The court not only condemned the aggression itself but also its abusive context. The resolution highlights that the driver specifically targeted the victim, an elderly person, despite her not shouting insults or posing any threat.
«The repetition of the conduct, the fact that the defendant specifically approached the victim as she was walking away, and the total absence of any gesture of subsequent support reveal a clear intention to cause harm that transcends mere recklessness, especially considering the age, gender, and condition differences, a situation that is genuinely abusive,» the judge determined.
Furthermore, the aggressor’s claim that the elderly woman had imprudently exposed herself to harm was rejected: the blow occurred after the prior contact had ended, with the woman moving in the opposite direction.
Post-Traumatic Stress Disorder and Ongoing Psychiatric and Psychological Treatment
The physical and psychological consequences for the victim were severe for a 73-year-old person. Transitioning from being an independent woman capable of performing her daily activities without assistance, she now requires constant accompaniment to go out. She suffers from post-traumatic stress disorder, enduring constant fear, and needs to undergo continuous psychiatric and psychological treatment, including antidepressants, antipsychotics, and sleeping pills. The court particularly considered her reinforced vulnerability, protected by the Inter-American Convention on the Protection of Human Rights of Older Persons.
Compensation of $20,091,080
Consequently, the judge regulated the moral damage at $20,000,000, plus adjustments and interests, resulting in an additional $91,080 for emergent damage, bringing the total to $20,091,080; estimating that this amount «is prudent, equitable, and rationally equivalent to the extrapatrimonial damage effectively accredited in court.»
The ruling concludes that the aggressor acted «with absolute indifference» and that his conduct «does not admit qualification other than that of direct intent.» The compensation seeks to repair the elderly woman’s suffering and her loss of quality of life. After being completely defeated in court, Kunstmann Rojas will also have to cover the litigation costs.
La entrada Senior Woman Assaulted: Driver Attempts to Run Her Over, Shouts, and Attacks from Behind se publicó primero en El Ciudadano.
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