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mental damages solatium total of 58 million yuan.

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  • Started 10 years ago by bgq6v7AS7

  1. <br>May 2008, 27-year-old bear Xin to Wolong Panda Base to participate in "Olympic pandas adoption activities", playing panda at the ceremony. In return the way encountered Wenchuan earthquake, bears Xin and people were killed in the same car. Xiong Xin's mother and other organizers to court claim for 58 million yuan, the first trial was dismissed. Yesterday morning, the case in the Second City Court upheld the trial, Xin Xiong became the focus of the trial subject who hired.<br> <br>□ incident<br> <br>The cast and crew of 12 people were killed<br> <br>Miss Xiong Xiong Xin's mother alleged, Zhejiang Xinan Chemical Industrial Group Co., Ltd. to develop "adopt Olympic pandas" business activities planned for 2006, scheduled for adoption in May 2008 a ceremony was held at the Wolong Giant Panda Nature Reserve in Wenchuan County, Sichuan Province . Adoption ceremony including speeches and theatrical performances. Xin'an company in April 30, 2008 and the Code of public relations planning Beijing Sunshine Chi Co., Ltd. signed "PR agency contract", commissioned by the company's planning and execution.<br> <br>Sun Zhi Xin Company Code, the company should be required to hire four hostesses Chengdu, three dancers, a moderator, a dance teacher, three camera crews, a total of 12 service personnel for the adoption ceremony. Xiong Xin is one dancer, responsible for playing panda.<br> <br>May 12, 2008, after the adoption activities, the 12 staff in the Wolong Giant Panda Nature Reserve back to Chengdu, coincided with the earthquake, high-risk vehicles were buried in the collapse of the boulder. After this time the rescue failed. December 26, 2008,moncler sito ufficiale, after Wenchuan County Public Security Bureau confirmed Wolong, bears Xin killed.<br> <br>Miss Xiong believes that the employment relationship exists between Bear and Xin Xin company. Company and Sun Chi Xin Code, the company is the organizer and executor of the planned activities,http://www.freegraphicland.com, shall be liable for damages. Miss Xiong prosecution claims funeral expenses, death compensation,http://bbs.golddiy.com/forum.php?mod=viewthread&tid=40851, travel expenses, mental damages solatium total of 58 million yuan.<br> <br>□ Defendant denied employment relationship<br> <br>Hearing, Xin'an company argued that Bear Xin and they do not have an employment relationship, according to the contract,scarpe hogan, Sun Chi Code, the company is the undertaker panda adoption activities, and is responsible for the planning,http://www.foss.lk/comment/profile.php?uid=95, organization, contractors, Xin'an company is responsible for funding.<br> <br>Code of the Company for cancellation due to sunlight wisdom in litigation, Zhang and Cai as a shareholder of the company to participate in the proceedings. They argued that: "There is no hiring between bears and sun Xin Zhi Dian Relationship she was hired Chengdu Oak Timor marketing planning limited liability company, and in the name of 'southwest animation alliance' engaged in work with actors, we do not agree compensation. "<br> <br>Oak Timor court added the company to participate in the proceedings, when the company first instance did not appear in court, nor to provide written comments litigation. Court of First Instance to identify, after the sun Chilean Code, the company accepted Xin'an company commissioned its own and through the "Southwest animation alliance" and the recruitment of more than ten people,http://0771r.com/home.php?mod=spacecp&ac=blog&blogid=, including bears, including Xin to etiquette,piumini moncler,http://iphone.f-tools.net/QandA/SMS-MMS-Email.html, actors and other identity go Wolong Giant Panda Base to participate in "Olympic pandas adoption activities. " "Southwest animation alliance" for the Oak Timor company registration, not an independent civilian body.<br> <br>□ First Instance can not bear responsibility in case of force majeure<br> <br>Court of First Instance, can not perform the contract due to force majeure or causes damage to others, except as otherwise provided does not bear civil liability laws. Earthquake involved in this case is the most devastating since the founding of New China, the most widely spread range of an earthquake, it is a force majeure. Existing evidence in this case, the Department Xin Xiong adoption activities after attending the panda died due to force majeure.<br> <br>Miss Xiong Xiong Xin Department advocated "Southwest anime Alliance" personnel, and the available evidence shows "Southwest anime alliance" non-independent civilian body to Oak Timor company registration,http://www.54qingdao.com/home.php?mod=spacecp&ac=blog&blogid=, regardless of Xin'an Companies Code, the company and sunlight wisdom. Ms. Xiong did not provide evidence to prove the existence of the employment relationship between the Bears and Xin Xin company, she thought Xin'an Company and Sun Chi Code,http://ztube.site90.com/view_channel.php?user=admin, the company assume no liability as an employer basis.<br> <br>On Oak Timor's civil liability issue, the first instance court held that Ms. Xiong did not advocate an employment relationship exists between Bear and Oak Timor Xin company and its lawsuit request the court not support it. Court of First Instance dismissed the claims of Ms. Xiong. Miss Xiong appealed against the verdict.<br> <br>□ appeal by the plaintiffs hope the principle of equity compensation<br> <br>In court, Miss Xiong of Appeal held that, although earthquakes are acts of God, but as a hired Xin'an company shall bear the liability,tn pas cher, based on the principle of equity, even without responsibility should be properly compensated.<br> <br>"On that day, we also have more than 30 senior management personnel were killed in the face of this catastrophe, we are not bigger than anyone else's loss, but to rational inquiry."<br> <br>Xin'an agent of the company, said Xiong Xin with the absence of any form of contractual relationship, the case does not apply the principle of equity.<br> <br>Oak Timor company said that in the first instance verdict before they learned to become a defendant. The company does not have any alliance with Southwest animation association, just use the domain name to the other, without any registration and investment relations should not be held responsible.<br> <br>Yesterday, the same as the southwest and Xin Xiong animation affiliate Lee also came to court. She said that the alliance was founded in 2002, she and Bear Xin often go out performances. At that time, after Bear Xin with two other female students interview success, she represents the two female students and the bear went and sun Chi Xin Code, the company signed the contract. "Although only 200 yuan reward, but bears Xin very happy."<br> <br>& Gt; & gt; Interrupted<br> <br>Missed daughter last phone regret so far<br> <br>After the trial yesterday,tiffany gioielli, he is talking about 27-year-old daughter, Miss Xiong eyes reddening. She said that in a bear Xin, she divorced, alone pulling daughter. 2004, Xin Xiong graduated from the Sichuan Conservatory of Music in Chengdu Academy of Fine Arts, was a school student outstanding officer, outstanding announcer.<br> <br>Ms. Bear said,http://taf5686.269g.net, like anime daughter joined the "coalition of Southwest anime" constantly and membership activities together. In August 2004, bears Xin behalf of the Alliance to Beijing to participate in Star show contest, he won the championship.<br> <br>Miss Xiong is a retired professional violin teacher, she says, she is scheduled to hold a violin recital in July 2008, had set a good daughter, served as moderator, but earthquakes killed her daughter the same stage of the opportunity. Ms. Xiong's phone has preserved a message notification, is the daughter of a missed call record April 23, 2008 of. She said it was her daughter alive give her last phone, and she did not receive, still extremely regrettable.<br> <br>Jinghua Times reporter Pei Xiaolan<br> <br>(Original title: Performance Return earthquake victims in case of mother v organizer)<br> (Edit: SN022)<br>

    Posted 10 years ago #

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