13098KwNsg
Sudden death due to their own health reasons passenger car, the carrier must bear the responsibility?
Recently, Ganzhou case of sudden death in the first case of passenger transport in the city Zhanggong court for sentencing. The court held that, in that case, the passenger should bear part of the responsibility,http://bbs.xtrb.cn/home.php?mod=space&uid=945974, Panpei each plaintiff 25,000 yuan.
Sudden death of passengers on buses
Lift her husband's death, Yung King's wife declared Yemou still can not come out from grief. She thought it was originally an avoidable tragedy.
At 8:26 on February 10, 2010, Long County Rural Water Taojiang West Dam villagers Yung Jing Xuan riding on a bus in Ganzhou return dragon south buses.
8:29:10 (according to camera display time), Yung Jing Xuan feel uncomfortable. Crew seeing, thinking Yung Jing Yi carsick, handed Yung King declared a plastic bag.
Yung Jing Xuan at this time did not say a word.
"Talk of the town,louboutin homme pas cher, you see this man (referring to the contents of King Xuan) how the? Pull over to stop." Attendants shouted loudly to the driver. At this time is 8:30:52.
Driver to pull over.
8:31:16,http://rememberingtolovemyself.com/profile.php?id=513, flight attendants asked them about and said: "Are you okay?" But Yung Jing Xuan respond crew is "Woo ...... Woo ......" sound.
"Go to the train station (the normal running of the vehicle will pass through the train station)!" Drivers operate their vehicles.
8:32, the crew found the body tilt Yung Jing Xuan,scarpe hogan outlet, cried: "! Hurry to stop," and pulled out a cell phone,louboutin pas cher, but the driver did not stop.
8:32:47,http://www.sjjchs.com/home.php?mod=space&uid=141034, Yung Jing Xuan skew on a neighbor.
Crew quickly call 120 emergency calls, but the driver still says: "! Go to the station," At this point of time is 8:32:50,hogan,
"People are dying, and quickly stop edge to!" Crew and some anger.
After stopping, the driver, crew and other passengers were waiting to get off.
8:44, ambulance roaring, the doctor arrived at the scene to rescue the car immediately.
A minute later, the doctors declared Yung King declared dead.
After an investigation, the whole process,http://www.gswzcs.com/1007/news/html/?16850.html,giubbotti moncler donna, the vehicle is not an exception occurs, Yung Jing Xuan nor subject to any adverse external force. The next day, Ganzhou Police Bureau issued a death certificate, proof Yung King declared as "sudden death."
Automotive companies have been claims 120,000
After that, Yung Jing Xuan's family in the query to Yung Jing Xuan matter the day of the car after the surveillance video that the carrier should be held accountable.
So, Yemou their daughter and son together with the plaintiff's identity, where the paper petition carrier Corporation - Jiangxi New Century Automotive Group Limited (hereinafter referred to as "New Century Automotive"), the carrier - The company sued the passenger a branch together Ganzhou Zhanggong court, claiming compensation for death, mental anguish fees,hogan outlet, fees of 12 million yuan.
For myself as defendants, the new century Qiyun very surprised.
In court,air jordan 6, the New Century Automotive insisted that he did not declare any responsibility for the contents of the King's death, Yung King's death was not announced because the defendant did not do to security obligations caused. Yung Jing Xuan did not inform the crew of his body discomfort, abnormal crew found time to the hospital for help Yung Jing Xuan, the crew has done the maximum capacity relief.
The defendant kept fault Pipan Pei
Court held that: Yung Jing Xuan died in their own health reasons,http://0668art.cn/read.php?tid=1122430&ds=1, there is surveillance video and "death certificate" can be identified. However, the defendant's violation of passengers' should render assistance to suffering sudden illness, childbirth, travelers in distress, "the legal obligation,hogan outlet sito ufficiale, there is a defect of its emergency measures following:
First, in the course of the incident,chaussure louboutin pas cher, not for any direct Yung Jing Xuan treatment; two, according 8:32:25 circumstances, have generally recognized the ability of people can be assured that Yung Jing Xuan is not a general physical discomfort,hogan, but there need emergency illness, but passengers only call an ambulance and the negative side of the road waiting for, but did not immediately drove to the nearest hospital.
According to China's existing laws and regulations, to obtain motor vehicle driver must have first aid qualifications, but based on the content of their training, the main intent of this provision is required to have basic self-help and rescue capabilities in the event of a traffic accident, and for such within minutes Yung Jing Xuan cases of sudden death medical emergency,http://www.asa8866.org/home.php?mod=space&uid=3784, even medical professionals often also powerless, so the court on the case were not directly treat passengers do not make excessive censure.
In accordance with the provisions of "People's Republic of China Contract Law" Article 301, the Court in October 2010 of first instance verdict: defendant, a branch of New Century Automotive passenger compensation for three plaintiffs were each 23,019 yuan in property damage and compensate three plaintiffs spirit of solatium each 2000 yuan.
After the verdicts,woolrich sito ufficiale,http://www.szmami.com/home.php?mod=space&uid=15738, the defendants filed an appeal. April of this year, Ganzhou City Intermediate People's Court upheld the verdict.
The judge said: "In the previous two fault staff and passengers,hogan outlet milano, not the direct cause of death Rong Jing Xuan." But after Yung Jing Xuan distress due to their own health factors, delay the timing of its rescued,http://www.alituike.com/thread-52376-1-1.html, which may reduce the probability of its existence, has a minor, non-decisive role, shall bear its proportion of fault and the reasons force the corresponding liability.
Text / reporter Liu Xuan Huang Wei Wu Jin too
