MOPT Ordered To Indemnify Drivers For Delaying Closing San José – Caldera
Costa Rica’s constitutional court, the Sala Constitucional, sentenced the ministerio de Obras Publicas y Transportes (MOPT) for closing the autopista San José – Caldera too late, placing users of the highway at risk.
The MOPT closed the section of the highway between Orotina and Atenas one month after the report by the olegio Federado de Ingenieros y Arquitectos on the risk due to falling rocks and land slides.
The condition is on an indemnity basis, even though the “recurso amparo” appeal was presented before the closure of the autopista and preventive actions were taken.
The court decision requires the State to pay for damages to be defined by the Tribunal Contencioso Administrativo (administrative court) in the coming days.
In addition to the Sala Constitucional sentence, the doctor who suffered injury when a rock fell on her vehicle on the highway was already files a lawsuit against Autopistas del Sol, the road concessionaire, for ¢285 million colones.
According Álvaro Meza, lawyer for Natalia Bolaños, the company (Autopistas) claims the rock that hit her vehicle was thrown by vandals from a bridge and not from rock falling from the slopes. However, Bolaños says in her filing that that version does not coincide with the time of the accident.