Xin Xiaosong of cover journalist Diao Mingkang
Worker worker of plain book peasant denounces medical treatment to expend lot " pull you dead " case end a case.
A few days ago, court of Kunming city intermediate people makes final judgment adjudicate, by two responsibility unit compensatory farmer is versed in Luo Wen more than yuan 2.161 million.
3 years ago, plain book farmer is versed in Luo Wen is in Shenzhen limited company of equipment of Dong Kang power (electric power of Dong Kang of the following abbreviation) below arrangement, building of tribute Ou Mou is shown toward Yunnan Kunming before dish undertake construction of environmental protection engineering. Unexpectedly, body of building site wall breaks down collapse in be bungled his lumbar, break down from now on in the bed.
During cure, collect article wife and mother beg medical treatment expends lot " pull you dead " . This year on Feburary 15, kunming city shows first instance of court of tribute division people to adjudicate a building dish development business and bear build Luo Wen of square collective compensation 2.161 million yuan. Two units refuse to obey, put forward to appeal.
On July 18, 2019, cover journalist is in understanding to arrive from Luo Wen, on June 27, court of Kunming city intermediate people makes final judgment adjudicate to this case, maintain original judgement. Current, he is awaiting the accused to compensate for a paragraph just to carry out reach the designated position.
Incident reviewing
Body of wall of establishment of installation environmental protection breaks down collapse be bungled break down
Luo Wen this year 48 years old, person of bamboo of Sichuan heart in relief continous, native place is in De Yang river. 2015, he introduces via the person, enter Dong Kang electric power to work, basically be in charge of power facilities installation, workplace is in Chengdu.
2016, according to the requirement of Dong Kang electric power, he will to Kunming show building of tribute Ou Mou dish building site, install Dong Kang electric power to sell the power equipment that develops business.
On November 16, when Luo Wen enters dynamo well to undertake construction of environmental protection engineering, ventiduct segregation wall breaks down suddenly collapse, in be bungled sock his lumbar. Luo Wen by the fellow worker urgent hospital of orthopaedics of the heart in sending into Yunnan accepts treatment. The course is diagnosed, hospital issue a report: Waist fracture of sex of 1 vertebra blowout is taken off to backward slip, spinal cord injures complete paraplegia, close end of left leg fibula smashs sexual fracture...
From now on, luo Wen breaks down in the bed, had not stood up again. After a month, luo Wen turns the courtyard adds 2 hospitals to Kunming medical university.
During this, because do not have medical treatment cost, collect article mother and its wife Chen Dingrong find job of buy of Baiyao of Yunnan of business of Dong Kang electric power, development for many times limited company, project bear limited company of 5 smelt metal group beg medical treatment is expended, but be made a round trip " kick a ball " , chen Dingrong is evicted to come by the security personnel of course of study of Yunnan Baiyao buy even.
On Feburary 15, 2019, kunming shows court of tribute division people to enter a judgement to this case: This case belongs to behavior of building collapse, special tort to create harm civil issue, the everybody of the building did not fulfil necessary obligation, building of as a result produces collapse to cause other to damage, it is the tort behavior of a kind of nonfeasance. Course of study of Yunnan Baiyao buy limited company is construction unit, behoove and construction bear build limited company of 5 smelt metal group to assume implicative liability to pay compensation, both is one-time compensate for Luo Wen 2161118.31 yuan.
Two units refuse to obey, put forward to appeal.
Final judgment adjudicates
Two companies promise carries liability to pay compensation
On July 18, 2019, cover journalist is in know from Luo Wen, this case already made final judgment adjudicate by court of Kunming city intermediate people on June 27.
The report that Luowendi offers shows, kunming quadrangle thinks, just accuse argue advocates integratedly each, does this case controversy focus depend on: ? Does outskirt doubt fine knock at ノ brandish Ψ to climb over a wall how does the loss of Luo Wen of? of quail of T of instrument of ferociousing Τ of graceful loose Mang maintain the male that spit Ga?
Kunming quadrangle thinks, luo Wen gets hurt because of building collapse, its have authority to choose to concern according to the building, law that builds content collapse to send a person to damage, to the construction of the building unit, construction unit advocates liability to pay compensation, court of first instance adjudicates according to what law concerns to undertake to this case and all without exception is become.
In the meantime, luo Wen already provided defendant the fact that all building collapse send his and evidence, luo Wen gets hurt to keep apart a wall with ventiduct existence is causal between collapse, body of this record collapse wall is Baiyao company responsible construction, course of study of Yunnan Baiyao buy limited company is construction unit, limited company of 5 smelt metal group assume implicative liability to pay compensation.
The should not assume responsibility without fault view that afore-mentioned two companies offer, try to confirm without significant evidence, do not grant to adopt.
Final, kunming quadrangle makes final judgment adjudicate, reject the request of two companies, maintain original judgement.
