not completed on a highway,UGG store, a pair of fuel bicycle riding at night the old couple, hit a bunch of scattered on the roadside on the way calculus, leading to the old lady died on the spot,uggs outlet nederland, the old man to the hospital in few days later, was pronounced dead. The death of their loved ones suffered unexpected calamity, apart from his family in grief, to follow this road all the relevant units of four divisions, demanding compensation for the four units of more than 120 million.
then, that the accident in the end the blame? Can family members be compensated? Recently, Nanjing Luhe District Court of first instance verdict, the four defendants, two defendants do not need to take responsibility for the other two defendants, will have to compensate the bereaved family of 46 million yuan.
rocky road claimed the lives of older couples
not completed piece of road along the highway called Jiangbei, site of the accident at the highway's extension chemical Avenue, near the Luhe District Hao village, the town plow Yudai Xiangjiaba new section on the road. Last year at 20:00 on October 27th and more, who lives near the old man riding his 62-year-old Wang Qizhou fuel bikes, with a 59-year-old wife Yin Sulan, in passing the stretch of road, I do not know who hit a stone on the road block, They immediately flew out and landed heavily on the ground, unconscious immediately. Rescue workers rushed to the scene after receiving the alarm, found that Yin Sulan has died at the scene, Wang Qizhou although still alive, but has Qiruoyousi, was sent to hospital for treatment ineffective, November 3 also died. Between the two live the life of an instant gone, Wang Qizhou family abnormal grief, they feel that their loved ones can not be in vain Claudius had commanded, have a say. So they took up law as a weapon, and this road to the construction and supervision units all reported to Nanjing Luhe district court.
prosecution's case is not an ordinary road traffic accident compensation, but the right to life, health, body right, because, plaintiffs believe that the accident occurred, Department of Chemical Engineering Road construction in progress, that is not delivered the road, this was a warning sign not set the \
family claim to the construction of 1.27 million
plaintiff is the son of Wang Xiubing the two deceased, daughter Gui-Xiang Wang,UGGS Nederland, and Yin Sulan brother Yin Zikui. The defendant a total of four units, namely road construction unit in Nanjing Tong Yi Bridge Construction and Installation Co., Ltd. eight hundred branches, Construction and Installation Co., Ltd. Nanjing Tang Yi, Xu Fang Project Management Company Limited and the total package in Western Road and Bridge Corporation. The plaintiffs suggest that, Wangqi Zhou and Yin Sulan's death, fully line the four defendants in the road construction process, caused by lax management, requiring the four defendants jointly liable for compensation of 127 million yuan.
reporter learned that, in the Liuhe Confirmation issued by the police, the determined fuel bicycle Wang Qizhou driving without a license and manned, Department of drink driving, lax observation of inappropriate measures, should bear half the responsibility. The plaintiffs suggest that, although illegal Wang Qizhou manned, but not necessarily related to death; Hop Police believe that the findings of Wang Qizhou drunk driving has been in Nanjing Public Security Bureau \is the night, the way calculus dissipate into the atmosphere is no different with the road surface, Wang Qizhou unguarded, there is no neglect to observe and measure irregularities; fuel bicycle is non-motorized, and no mandatory licensing requirements, not because of the \Bicycle license \
ride into the trial whether the focus of drink
recent years, drinking and driving behavior has become the people cry, and if Wang Qizhou drunk driving, only this one is enough let him bear no small responsibility. So, Wang Qizhou in the end there is no drinking and driving? Why is the public security departments will overthrow the conclusions of the accident identified? After investigation, the court found that Wang Qizhou being sent to the hospital, had a short clear, during this time, the traffic police department made a record for him in the record, he himself admitted was drunk that night. Nanjing Public Security Bureau's \
trial, the four co-defendants argued that the West is not the main grid road and bridge companies, the company is the total package, the bridge is eight hundred subcontractors, project contracting and contracting with the accident does not exist causation. Xu Fang is home supervision companies, with no causal relationship between the accident. Bridge accident in the company closed eight hundred construction sites, the laying of road construction materials stones in teeth. The victim knows the road drunk and break the rules, so the victims suffered injuries caused by their own fault, and eight hundred and Tang Yi Bridge Company has obligations to fulfill the security warning, put a sign at the intersection, it is eight hundred Tong Yi Bridge Company and the company shall not be liable.
sentenced two defendants for compensation of 46 million yuan
Luhe District Court hearing that Wang Qizhou no license plate driving after drinking the fuel booster car his wife without the formal passage of Yin Sulan Construction on roads, do not neglect to observe the obligation to drive carefully, should bear some responsibility for the accident. Specific share of 50% discretion of the court, and the other 50% of the responsibility for eight hundred bridge company. Yinsu Lan Wang Qizhou knowingly driving after drinking is still carrying the fuel bikes,UGG Paris, which will be placed in a dangerous state of their own, Yin Sulan itself there are some fault, after synthesis, the responsibility for the deaths caused by Yin Sulan sharing, I assume 15 Yin Sulan discretion of the court %, Wang Qizhou take 42.5%, 42.5% undertook eight hundred bridges. The calculated result of death due to Yin Sulan loss 448,123.5 yuan (including mental solatium 21,UGG Bailey Button Triplet,250 yuan); Wang Qizhou loss caused by the death of 489,348.15 yuan (including mental solatium 25,000 yuan); other losses as 4,UGGS Outlet,580 yuan, more than the total total loss of 942,051.65 yuan.
scale of their responsibilities under the court verdict bridge company to compensate the plaintiff Wang Xiubing eight hundred and Gui-Xiang Wang 462,135.32 yuan, net of payment of 65,000 yuan, the company should pay eight hundred bridges 397,135.32 yuan, the defendant Tong Yi eight hundred companies pay part of the bridge company can not bear the added liability. Land Law Luoshuang Jiang
judges say
reader may ask, why not a road traffic accident case? Dead drunk bike trouble, the unit can exempt? Lot accident is under construction, so the case should the right to life, health, body right disputes, not road traffic accidents.
found in the defendant's liability, the company has not cleared up eight hundred Road Bridge Road calculus, but also failed to set up warning signs, which should be responsible. Eight hundred Bridge Company has no independent legal status, but there are qualifications for the construction of the project, its parent corporation is Tang Yi Company, therefore, Tang Yi company should also bear responsibility. Although there is no legal personality of the company eight hundred bridges, but the independence to undertake road construction works should be its capital, to its civil liability shall be assumed by a certain capacity, so the compensation of the plaintiff company can not bridge the full eight hundred payment of the circumstances under which its superior legal Tong Yi company.
a large number of potential large-scale construction of insecurity, and sometimes a little neglect may lead to the loss of life,Moncler Jas, to which the majority of the construction unit can not but extremely alert. Also, people know the dangers drinking and driving motor vehicles, although the fuel bicycle, including the current electric cars are not motor vehicles,Bottes UGG, but the drink driving is still very dangerous, to themselves and others happy, do not drink and ride.
a court Zhang Xiaobin Kuni Court Civil Judge
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