Damages Lawsuit by Pollo Rey

Whether Lisa’s preliminary exceptions barred Pollo Rey’s damages claim.

The court upheld the objection for non-fulfillment of the condition, as Lisa’s exclusion was not yet final, and ordered Pollo Rey to pay costs.

The damages claim was suspended as premature; Lisa was shielded from liability.

Appeals by Pollo Rey against the condition exception and by Lisa against denial of other exceptions.

Confirmed the trial court: the damages claim could not proceed while Lisa’s exclusion was under judicial opposition; all other exceptions were denied.

Lisa maintained protection; the damages lawsuit remained inadmissible.

Pollo Rey’s cassation appeal alleging misapplication and misinterpretation of Civil and Commercial Code articles. Lisa opposed, citing technical deficiencies.

The cassation was dismissed. The Court held that Pollo Rey’s filing was technically deficient and confirmed that damages could only be pursued once Lisa’s exclusion was final. Costs and a fine were imposed on Pollo Rey.

Cassation dismissed; Lisa prevailed again.

Pollo Rey sought amparo against the Supreme Court’s cassation ruling, alleging violations of due process and defense. Lisa defended the legality of the ruling.

Amparo denied. The Constitutional Court upheld that Pollo Rey’s cassation was properly dismissed for lack of legal technique and confirmed that damages claims depend on a final exclusion decision. Costs and a fine were imposed on Pollo Rey and its attorney.

Constitutional protection denied; Lisa fully shielded from damages liability.