Damages Lawsuit by Avícola Las Margaritas
C. 01044-2012-00229 • Eighth Civil Court • Guatemala
Damages Lawsuit by Avícola Las Margaritas
This case concerns an ordinary civil lawsuit. Avícola Las Margaritas, S.A. sued Lisa, S.A. for damages and moral damages. The Eighth Civil Court dismissed the claim, finding that indispensable procedural prerequisites were missing. The Court of Appeals partially modified the ruling, but still held that Avícola Las Margaritas failed to prove actual damages. Avícola Las Margaritas then filed a cassation appeal before the Supreme Court, Civil Chamber.
Decisions
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.
Court dismissed damages claim by Las Margaritas
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.
Appeals court upheld dismissal for Las Margaritas
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.
Supreme Court rejected cassation by Las Margaritas
Conclusion
Lisa, S.A. successfully defended itself at every level of the proceedings. Both the trial court and appellate court rejected Avícola Las Margaritas’ damages claims, finding no proof of actual harm. The Supreme Court confirmed these outcomes, dismissing the cassation and imposing costs and a fine on the plaintiff. The case is now closed, with Lisa shielded from liability.