Invested in the cycle path: the Supreme Court declares the accused’s appeal inadmissible.

Invested in the cycle path: the Supreme Court declares the accused’s appeal inadmissible.

The court case of the death of Pietro Magagnini, the accountant invested on the cycle path at the intersection of via della Repubblica and via Arcidosso, in Grosseto on 9 August 2013 ends with the definitive conviction of the accused.

The Court of Cassation, fourth criminal section, with sentence of 14.10.2021 declared inadmissible the appeal of the accused Giuseppe Basso against the sentence of the Court of Appeal of Florence no. 1199/2020 of 12/5/2020 which had sentenced him to a sentence of 1 years and six months of imprisonment (suspended sentence) and to compensation for damages to be paid in civil proceedings.

Giuseppe Basso (defended by the lawyer Luca Montemaggi) had been brought to trial to answer for the crime referred to in art. 589 c.p. for causing the death of Pietro Magagnini because “driving the special purpose vehicle made by Iveco model 100 E 15 tg. AD079DH, traveling along via della Repubblica in the direction of Marina di Grosseto, for fault consisting in maintaining an imperishable, imprudent and negligent driving conduct and in particular in violation of articles 141 co. 3, 142 and 40 co. 11 in relation to art. 146 co 2 CdS, by not adjusting the speed adequately in order to avoid any danger to the safety of people and things, when crossing a built-up area and near the road intersection with via Arcidosso, circulating at about 90-95 km / h and therefore exceeding the prescribed speed limit of 50 km / h, failing to give way to the “Tommasini” branded City Bike velocipede led by Magagnini Pietro, who, coming from the existing cycle path in via Arcidosso, passed on the cycle crossing (regularly reported with appropriate horizontal and vertical signs) with direction center, collided with the front and left front of the vehicle he drove against the left side (central and rear part) of the velocipede, causing the death of Magagnini who was thrown off after the collision from the velocipede going to fall on the road surface. In Grosseto via della Repubblica road intersection via Arcidosso on 09.08.2013″;

The widow of Pietro Magagnini, Stefania Toninelli, filed a civil action with the defensive assistance of the lawyer Alessandro Antichi and supported the accusation in every state and degree of the procedure, contributing to the exact reconstruction of the dynamics of the accident also through the aid of the partisan consultancy provided by Eng. Lorenzo Loreto. The accused had in fact defended himself by asserting that the accident was attributable to the conditions of the road surface which would have affected the possibility of a correct stop of the tow truck and in any case to the violation by the cyclist of the obligation to give priority by entering the circulation from the track. cycle lane.

The sentence of the Supreme Court definitively makes it clear that the dynamics of the accident in which Magagnini died was correctly reconstructed in the judgments of merit, based on the results of the evidence taken in the trial: Magagnini was invested when he was still on the cycle path, from the vehicle driven by Basso which, traveling at high speed, failed to give the prescribed right of way to the cyclist and was unable to stop in time to avoid the collision.

The vehicle insurance company, Generali Italia Spa, has fully compensated the damage pending the judgment.

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