São Paulo was sentenced to indemnify a Corinthians fan and supporter who claim to have been trampled on in Morumbi in a classic held on February 15, 2009, at the behest of Tricolor. Appeals can be made, as the decision was made in the first instance.
The sentence was handed down last Tuesday by Judge Gisela Aguiar Wanderley, from the 2nd Court of the Public Treasury, and the information was first revealed by Paulinho’s blog.
The magistrate determined that Antonia Luiza de Paula receives compensation of R$ 11,798.97. Klayton Thiege Bezerra must be compensated in R$ 6,355.52. The amounts must be corrected, in addition to the addition of interest of 1% per month since February 15, 2009.
For moral damages, São Paulo was ordered to pay R$7,000 to Antonia and R$4,000 to Bezerra. For material damages corresponding to hospital expenses, the cheerleader should receive R$ 3,798.97. For the fan, R$ 2,355.52 must be paid. There is even more R$ 1,000 to be received by the Corinthian for cosmetic damage, as she was left with a scar on her hip.
In the action, the two Corinthians fans narrate that the visiting fans waited about 50 minutes to be able to leave Morumbi after the match. As they headed for the exit ramp, they heard a bomb sound, which caused a riot. The two fell and were trampled by other fans.
Antonia had bruises on her body, fractured four ribs and claims she was out of work for 60 days. In turn, Bezerra, in addition to bruises, suffered a cervical contusion.
Among other arguments, São Paulo claimed that the State was responsible for the episode. The club’s lawyers stated that the riot occurred due to a disagreement between the Military Police and the Corinthians fans.
The defense also claimed absence of guilt and causal link (lack of proof of a link between his conduct and the damages). The events would have occurred under the responsibility of third parties. The club’s lawyers also stated that the club followed all the guidelines provided for in the Fan Statute and that no security breach can be attributed to the SPFC.
São Paulo also appointed Companhia Excelsior de Seguros as the insurer responsible for eventual indemnities to be paid as a result of problems in that match. However, the company stated that it was not hired for the event. São Paulo was summoned to present the insurance policy, but the document displayed did not prove a link with Excelsior.
The State of São Paulo stated that the injuries were not caused by the Military Police, but by other fans. And that there was no failure or omission of the PM in the episode. In her decision, the judge says that no excess or omission in the performance of the military police was evidenced by the evidence collected.