Questão jurídica principal
Whether the insurer was released from motor vehicle holder liability under Art. 58-59 SVG due to the claimant's gross fault
Decisão extraída
Yes. The claimant drove at least 136 km/h where 80 km/h was allowed, which constituted gross self-fault and broke any relevant causal contribution by the other driver's conduct.
Fundamentação extraída
The Federal Court held itself bound by the lower court's factual findings because the challenge to the speed assessment was insufficiently reasoned. On that basis, the claimant's massively excessive speed was the decisive cause of the accident.