Gornitzky successfully represented Israel Railways in an appeal filed to the Supreme Court over a ruling by the Jerusalem District Court, which approved a class action concerning the liability of Israel Railways as a holder of a public place, in accordance with the Prevention of Smoking in Public Places and Exposure to Smoking Law.
Following oral arguments heard before the Supreme Court panel led by the Honorable Justice Amit, the panel recommended that the ruling be overturned, including the assertions made regarding Israel Railways’ responsibility, and that the company’s interpretation regarding the scope of its liabilities towards taking reasonable measures in order to prevent smoking on platforms, from here on after will be adopted. Compensation of the public using the Fund for Financing Class Actions, as well as attorney fees adjudicated by the District Court, totaling approximately NIS 7 million, will be reduced by a third.
Israel Railways was represented by Partner Noam Ronen and Associate Daniel Barlev.
