Happened to think of his son, 80-year-old mother, this reporter could not help old man in tears photo
Yan Wen Qing (Reporter YANG Xiaogang) year and a half ago, when things go to the bank and fell in front of the bank steps. Court of first instance responsibility for 90% of bank guarantee, but the bank filed an appeal against the second instance verdict has yet been made, the victim was dead.
steps of the bank was thrown down to the disabled
2 o'clock yesterday afternoon, all the way west of Xi'an, home of folk music in the community Weiming Xiao Wei's two daughters, guarding his father's bones. 80-year-old mother of Zhu Weiming Xiao wind tears. They can not work out the steps in front of the bank fall fall that will be good people all of a sudden disabled. The second trial, before the sentencing, Weiming Xiao has died.
According to reports, Weiming Xiao, 55, early years and his wife divorced, two daughters followed Weiming Xiao life, a family of three eating subsistence allowances. In addition, the 80-year-old mother and 78-year-old father also went Weiming Xiao life.
2009 年 8 月 29 afternoon, Weiming Xiao Xi'an City Commercial Bank to the former Peace Arch Branch (Xi'an Commercial Bank has changed its name to Bank) for public transportation IC card recharge service, due to rain, while the banking hall main entrance is not open, and out only from the south side of the door, while the south side of the door step by the rain, more smooth, Weiming Xiao fell on the stairs.
Weiming Xiao Bank staff and promptly to the hospital where he was diagnosed as the bottom of the left femoral neck fracture, Weiming Xiao hospital stay for 32 days. Spent 1.3 million yuan for medical expenses, paid by the bank. After discharge, Weiming Xiao bedridden, life can not take care of themselves, from 80-year-old mother and her daughter to take care of.
the meantime, as the parties can not reach an agreement on the issue of compensation last year, April 23, through the Xi'an Intermediate People's Court, Northwest University of Politics central forensic identification of the injury Weiming Xiao, conclusions are: the disabled nine . Subsequently, Weiming Xiao Wei Mingxiao of care by family members, the bank to court.
Court of First Instance finds that banks bear responsibility Jiucheng
court held that legal persons engaged in business activities within its control shall use reasonable safety and security within the limits of duty, in order to avoid another loss . Weiming Xiao plaintiff in the process of business, enter the premises when the defendant, the defendant reasonably relied on its place of business buildings and facilities are in safe condition, so their own life and health protection should be included have a reasonable sense of security.
time of the incident coincided with a drizzle, the banks into the business premises in the Weiming Xiao at the side door, a 0.66 m did not roll mat, a security risk, not entirely within the reasonable limits of safety and security obligations , resulting in the occurrence of personal injury Weiming Xiao, be liable for damages. And Weiming Xiao as full civil capacity, the factors on the wet floor should be noted that, because of its neglect of protection within their own ability, to have some fault the damage occurred. Therefore, the court found that the accident, responsible for 90% of the bank guarantee, Weiming Xiao bear responsibility for 10%.
Weiming Xiao made for medical expenses, lost income, fees, hospital care, food subsidies, these payments, disability compensation, child support dependents, number of demands of moral damage fees, courts are to be supported However, in amount, be adjusted with reference to relevant standards. September 28, 2010, the Court of First Instance ruling the defendant bank, compensation for a total of 10.5 million RMB Yuan Weiming Xiao (including medical expenses have been advanced.)
banks against first-instance ruling, according to the Xi'an Intermediate People's Court of Appeal.
second trial,
lunette carrera pas cher, the plaintiff before the death
last year, the Xi'an Intermediate People's Court shall form a collegial panel, and the case was the second instance. After the Spring Festival of the intended sentence, and, behold, February 25 At 5 pm, Weiming Xiao passed away at home was. Weiming Xiao lying in bed as more than a year, so his family could not be a fall out Weiming Xiao correlation between their death evidence.
Weiming Xiao upon his death, the family all day in tears. After the incident, they informed the hospital, notify the defendant banks. A judge in the Court, said this afternoon, the bank people to consult about the matter.
last night, for the matter, counsel Zhao that case, the plaintiff died before the final decision, according to re-sentencing. Last night a reporter to contact the banks, but not linked to.