Damages Lawsuit by Avícola Las Margaritas

Avícola Las Margaritas claimed damages and moral damages against Lisa, S.A. Lisa denied the allegations and raised several defenses.

The court found for Lisa: it dismissed the negative answer but upheld Lisa’s exception of lack of indispensable procedural prerequisites. The damages claim was rejected, and the plaintiff was ordered to pay costs.

The damages and moral damages claim was dismissed at trial.

Avícola Las Margaritas appealed the trial court’s dismissal.

The appellate court partially modified the ruling, eliminating the exception of lack of procedural prerequisites. However, it confirmed the rejection of the damages claim because Avícola Las Margaritas failed to prove any actual harm or quantify damages.

The damages claim remained dismissed; Lisa was not held liable.

Avícola Las Margaritas filed a cassation appeal alleging “error of fact by omission” in the evaluation of documentary evidence, claiming the Court of Appeals ignored key accounting and international documents.

The Supreme Court rejected the cassation, holding that even if some documents were overlooked, they did not change the outcome because they were insufficient to prove damages.

The cassation was dismissed, and Avícola Las Margaritas was ordered to pay costs and fined Q500. The dismissal of the damages claim in favor of Lisa remained definitive.