Cour de cassation, civile, Chambre civile 2, 28 janvier 2021, 19-25.722, Publié au bulletin
Case Outcome: | Cassation |
Appeal Number: | 22100080 |
Counsel: | SCP Célice, Texidor, Périer, SCP Lesourd |
Court: | Deuxième Chambre Civile (Cour de Cassation de France) |
Docket Number: | 19-25722 |
ECLI: | ECLI:FR:CCASS:2021:C200080 |
Presiding Judge: | M. Pireyre (président) |
CIV. 2
LM
COUR DE CASSATION
______________________
Audience publique du 28 janvier 2021
Cassation
M. PIREYRE, président
Arrêt n° 80 F-P+I
Pourvoi n° B 19-25.722
Aide juridictionnelle totale en demande
au profit de M. W....
Admission du bureau d'aide juridictionnelle
près la Cour de cassation
en date du 17 octobre 2019.
R É P U B L I Q U E F R A N Ç A I S E
_________________________
AU NOM DU PEUPLE FRANÇAIS
_________________________
ARRÊT DE LA COUR DE CASSATION, DEUXIÈME CHAMBRE CIVILE, DU 28 JANVIER 2021
M. E... W..., domicilié [...] , a formé le pourvoi n° B 19-25.722 contre l'arrêt rendu le 7 février 2019 par la cour d'appel de Versailles (5e chambre), dans le litige l'opposant à la Régie autonome des transports parisiens (RATP), dont le siège est Lac CG 21, 30 rue Championnet, 75887 Paris cedex 18, prise en qualité d'organisme spécial de sécurité sociale dénommée Caisse de coordination aux assurances sociales (CCAS de la RATP), défenderesse à la cassation.
Le demandeur invoque, à l'appui de son pourvoi, le moyen unique de cassation annexé au présent arrêt.
Le dossier a été communiqué au procureur général.
Sur le rapport de Mme Renault-Malignac, conseiller, les observations de la SCP Lesourd, avocat de M. W..., de la SCP Célice, Texidor, Périer, avocat de la RATP, et l'avis de M. de Monteynard, avocat général, après débats en l'audience publique du 9 décembre 2020 où étaient présents M. Pireyre, président, Mme Renault-Malignac, conseiller rapporteur, M. Prétot, conseiller doyen, et Mme Tinchon, greffier de chambre,
la deuxième chambre civile de la Cour de cassation, composée des président et conseillers précités, après en avoir délibéré conformément à la loi, a rendu le présent arrêt.
Faits et procédure
1. Selon l'arrêt attaqué (Versailles, 7 février 2019), M. W... (la victime), agent de la Régie autonome des transports parisiens (la RATP), a déclaré auprès de la Caisse de coordination aux assurances sociales de la RATP (la CCAS) avoir été victime d'un accident du travail, le 20 mai 2015, après une altercation avec un responsable de l'entreprise. La CCAS ayant refusé de prendre en charge l'accident au titre de la législation professionnelle, la victime a saisi d'un recours une juridiction de sécurité sociale.
Examen du moyen
Enoncé du moyen
2. La victime fait grief à l'arrêt de rejeter son recours, alors :
« 1°/ que la présomption d'imputabilité au travail d'un accident ne peut être renversée que par la preuve d'une cause totalement étrangère au travail ; qu'en estimant que le seul fait pour le salarié d'avoir été à l'origine de l'incident ayant occasionné l'accident était de nature à renverser la...
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