The first instance court number 57 of Barcelona has dismissed this Tuesday the lawsuit that a man filed against the ANC, Òmnium Cultural, ERC and JxCat for the accidental fall he suffered in an act held in the Lledoners prison in 2018, since they were considered organizers of the event.
The facts prosecuted date back to the night of November 2, 2018, in which a protest against the imprisonment of the leaders of the process was held in the Lledoners prison (Barcelona), the center where they remained.
Once the act was over, at around 7:00 p.m., one of the attendees, upon returning to one of the parking lots set up on a farm adjoining the prison, wanted to move away a bit to urinate, he went into an area of bushes that had next to the car park and, due to the lack of light, he did not see a steep slope down which he fell, which caused him severe injuries that have left sequelae.
For all these reasons, the man filed a lawsuit against the ANC, Òmnium Cultural, ERC and Junts per Catalunya, considering that they were the organizers of the event and civilly responsible for his fall and asked them for compensation of 21,000 euros.
However, the ruling published this Thursday by Barcelona's first instance court number 57 dismisses the man's claim, arguing that it cannot be considered that the ANC, Òmnium, ERC and JxCat were the organizers of the event.
The defendants argued on the day of the trial that none of them organized or called the demonstration in Lledoners, but that it was the Association for the Defense of Catalan Institutions (ADIC) who did so.
But when, in the preliminary proceedings, the court tried to summon the ADIC to testify, they realized that this association does not appear in any official record, so it was impossible to summon it or hold it responsible, which caused the man who fell the slope came to consider the ANC, Òmnium, ERC and JxCat as organizers and responsible because their names appeared in the pamphlet of the call, under where it read "ORGANIZES: ADIC".
However, the judge has rejected this claim and has accepted the arguments of the representatives of the parties, who argued in the trial, held at the beginning of February, that they were in no way "organizers" but only "provided support to the time to spread the mobilization".
The sentence adds that the plaintiff has not provided any evidence, apart from the pamphlet of the call, that proves that the defendants organized the mobilization and reproaches him that, if he wanted to prove such an extreme, he could have summoned the people who made parliaments to testify in the act to say who summoned them or that they could have requested the annual accounts of the defendants to check if there was any item for expenses related to the event.
In addition, the sentence argues that the fall suffered by the plaintiff would not be the responsibility of the hypothetical organizer but of himself: "In my opinion, the accident was the result of the distraction of the injured party, who, even though he was in a poorly lit area and lacking visibility, , decided to cross the parking lot, aware that it was near the train track," reads the judge's text.
However, the resolution absolves the ANC, Òmnium, ERC and JxCat of all responsibility and orders the plaintiff to pay the costs of the trial.
