lpdcs036494 on "Court of First Instance judgment"

lpdcs036494 — Mon, 25 Jan 2016 21:31:32 +0000

BEIJING, April 2 Urumqi (by Liu Wanqing Liu Qiaozhen) sixty elderly tree in the square watching chess, he was head suddenly snapped tree branches falling hit and killed. An accident or trees management side of dereliction of duty? For a period of one year of compensation disputes, after two court hearing, March 20, the Xinjiang Production and Construction Corps Nong Bashi Intermediate People's Court mediation, trees Managing Shihezi City, a garden at the families of the deceased paid 144,000 yuan. 61-year-old Zeng Yi grams (a pseudonym), who lives in Shihezi Township elderly during his lifetime. Old he had a preference, a time to every day,doudoune moncler femme, every bike to recreation plaza Shihezi find someone to play chess. Last year at 13:00 on September 1 and more elderly people as usual came to the recreation plaza, at the Plaza on the west side of Elm looking down Man playing chess when suddenly a loud bang on the head, beside an elm tree branches broken falling down, the old man on the spot unexpected smashed in the head, fell to the ground,http://www.shinmai.co.jp,hogan outlet online, bleeding. The presence of people quickly hit 120 emergency, had g Yi old man was rushed to the hospital, because she died. Death judicial appraisal of the elderly, the conclusion is, linear skull fractures, vertebral fractures, the right chest wall bone 8,9 linear fracture, left ankle joint fracture closed multiple fractures, severe pain caused by trauma-induced myocardial ischemia in coronary heart disease causing death. Scene, leafy elm snags, trunk label marked with the words "ancient and famous trees", the trees of the conservation and management side of Shihezi City, a landscape management. "A good man father, suddenly confronted with this eventuality, the management, poor management at the landscape as the trees, we must take responsibility!" The old man of the children expressed their grief. At the same time, they believe that the hospital had misdiagnosed in the treatment process, because his father suffered multiple fractures cause severe pain, the hospital did not take timely medical interventions pain, leading to pain and injury after his father died, the hospital medical mistakes. For the discussion to say, children of the elderly and hospitals together at the garden court, asking the two defendants jointly assume liability for the death of his father. The trial, at the garden, said, "My unit is responsible for the conservation and watering square trees, dead branches and dead trees and trim branches, but the tree is elm snags trees, pruned to go through the relevant departments approved,http://vegalta7.s156.xrea.com/aska/aska.cgi?&=&item_id=29&view, and fallen branches are living branches, the incident when the weather is good, there is no winds. a garden at the thought, branches falling unclear reasons, is an accident, at the garden should bear responsibility. "The hospital is considered, the implementation of the whole process to rescue the elderly, are carried out in accordance with Medicaid rules, and no causal relationship between the old man's death and medical practices hospitals. This controversy,http://marandy.foyer.be/spip.php?article136,louboutin pas cher,http://www.propellermag.com, the children apply for the elderly, the court will make a commission Shihezi Medical Malpractice book, the conclusion is: not constitute medical malpractice. Court that at the garden as a manager with expertise in the trees, you should understand the growth conditions of trees, for the trees under what circumstances need pruning trees for growing strong, and its branches will be broken under what load wounding there should be anticipation force, and take preventive measures. Landscape at the sparse trees negligent managers bounden duty of care for the consequences of being injured by fragments after the death of the elderly, with a fault. Because the old man's own serious coronary heart disease, there are old myocardial infarction, trauma is its incentive, the Court thus found that the elderly their physical condition, but also a cause of their death. According to the Medical Malpractice, the court found the hospital for the elderly is not liable for the consequences of death. Court of First Instance judgment: Forestry Department compensation for the loss of old children (including compensation for death, funeral expenses,http://tcvv.org,doudoune moncler pas cher, medical expenses, transportation expenses, mental solatium) of 80%, a total of 164,400 yuan. Garden Office refused to accept the appeal to the Nong Bashi Intermediate People's Court. After the Court hearing,http://store.shopping.yahoo.co.jp/waiwai/lwq-150dj-7ajf.html, October 30, presided over by a judge, the two sides eventually reached a settlement agreement, by the Shihezi City park management at November 30 one-time payment of 144,000 yuan for the elderly children. Lawyers say Xinjiang Sheng seven co Lawyer Lawyer: case, living elm snags injured after the death of the elderly, would constitute an accident, this is the original defendant biggest focus of controversy. The so-called accident means an accident not due to intentional or negligent parties, for reasons other than the will of the parties and incidental. Which have the conditions are: first, accidents are unpredictable; second, is the cause of accidents due to the behavior of a person other than their own; third, unexpected event is accidental event,http://wx.jazzsynth.com/wxcgi/kizai/sunkizai.cgi?mode=form&no=82&page="t, it does not include a third person the behavior of. Accident damage, indicating the party not at fault, so you can make the party exempted from liability. The present case, the garden at the plaza of trees as recreation manager, its on growth trees should have expertise, trees break under load can occur in what should have foresight, can not "break the branches are living branches,woolrich outlet, Pruning is not within the scope "as an excuse, they think people are injured falling branches accident. Landscape at the growth of the trees should be anticipation force, warning passers-by in a certain way do not stay in the tree, and actively take preventive measures, through reasonable care to anticipate, but has not tried to pay attention to the garden at the manager's trees obligations of the consequences for the elderly died after being injured by fragments have fault, that shall be liable for the death of the elderly. Thus,http://www.haircare-style.jp, garden punishable reasons "leafy trees fragments belong to the accident," the defense exemption, the Court of First Instance did not adopt. The case ultimately under the auspices of the court of second instance, the garden at the agreed mediation, the parties reached a settlement agreement, the compensation paid or older children, this is a relatively fair, reasonable and legitimate.

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lpdcs036494 on "Court of First Instance judgment"