(Reporter Hong snow) drivers killed trees snapped, is 5-6 winds to blame? Or poor management caused the accident?
yesterday afternoon, the Court of First Instance that the Fengtai pink christian louboutin, 5-6 winds are generally the forces of nature, poor management is the cause of the accident, the verdict Fengtai District Green Team Landscaping Secretary Changxindian 74 million yuan compensation to the families of the deceased .
plaintiff
Green Team, poor management of accident
noon on May 13 this year, Mr. Jiang driving cars driving to the Zhoukoudian Road, Fengtai District, Yun Dian Road vicinity of the roadside trees snapped backward middle of the road. Vehicles hit trees, causing Mr. Jiang death.
After the incident, Mr. Jiang family owners and managers with the trees - Landscape, Fengtai District consultation Secretary Changxindian green team compensation issues, but the differences between larger. So supra society cheap, Mr. Jiang family sued to the court, claims 75 million yuan.
It is understood that Mr. Jiang have a child and a daughter, his son go to college just this year. In order not to influence a child to learn, Mr. Jiang's wife had been to conceal the news of the death of her husband.
defendant
fifty-six winds cause trees to break
in the trial, the defendant said the agent, the right path tree green team regularly visits the main check road tree the extent of damage, pest and disease status.
After the incident, the team found that not withered trees broken. On the day of the meteorological wind up to five to six, which leads to large trees break the wind. Green team has done to the maintenance and conservation of the obligations, the court dismissed the plaintiff's request for appeal.
Court
not typhoons and other force majeure
According to China's relevant provisions of the Tort Law, causes damage to others due to broken trees, forest owners or managers can not that he did not at fault shall bear tort liability.
but the defendant in this case the evidence presented to justify its section of the incident of the trees have done to the corresponding obligations. The wind is generally five to six forces of nature, not typhoons and other acts of God, even as the result of trees being blown down wind, broken supra society purple suede, can not constitute the defendant's exemptions.
Accordingly, the court sentence the defendant to compensate the families of the deceased death compensation, the spirit of a total of 74 million yuan solatium.
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