The man drove and killed the dog on the side of the road without paying attention
Later, there was a dispute with the owner of the puppy over compensation
The mistake pushed the owner in his 60s to the ground
The owner died of an underlying disease caused by an underlying disease after being pushed down
Recently, the Guiyang County Court in Hunan Province concluded a trial
Disputes over the right to life, right to body, and right to health
The news rushed to the hot search today (May 17).
Basic facts of the case
On March 4, 2022, Tang drove a minivan without paying attention to the puppy on the side of the road and hit the puppy to death. After Tang stopped to check, he did not find the owner of the puppy, and went to a nearby breakfast restaurant to eat breakfast.
After that, Wu Mouyu (in his 60s), the owner of the puppy, found that the puppy was hit by a vehicle and waited at the scene until Tang returned to the scene, and verbally questioned whether the puppy he raised was killed by Tang, and Tang admitted it. Wu Mouyu demanded compensation from Tang, but Tang refused to compensate and intended to drive away. This led to a dispute between the parties.
Wu Mouyu intended to snatch Tang's vehicle key to prevent Tang from leaving. In the course of the conflict, Tang accidentally pushed Wu Mouyu to the ground, causing Wu Mouyu to be injured. After being reminded and requested by the onlookers at the scene, Tang drove Wu Mouyu and his relatives to a community hospital, and due to the restrictions of the hospital, Tang immediately sent Wu Mouyu and his family to Guiyang County People's Hospital, where they were treated for 7 days. Later, Wu Mouyu was transferred to the Second People's Hospital of Chenzhou City for further treatment, and was hospitalized for a total of 25 days. After being discharged from the hospital, Wu Mouyu died at home on April 18, 2022, and was cremated on July 5, 2022.
On April 26, 2022, after being commissioned by the public security organs, Wu Mouyu died of hemorrhagic shock caused by upper gastrointestinal bleeding on the basis of liver cirrhosis and esophageal and gastric varices.
After that, Wu's family and the defendant Tang could not reach an agreement on compensation, so they sued the court.
Court decision
After trial, the court held that according to the fact of Wu Mouyu's death contained in the appraisal opinion, the death caused by mechanical violence could be ruled out. At the same time, the court found out that Wu Mouyu had been treated many times due to upper gastrointestinal bleeding, and the medical institution recommended interventional treatment, but the patient and his family refused.
Based on the evidence and facts of the whole case, although Tang's act of pushing and shoving Wu Mouyu to the ground was not the direct cause of Wu Mouyu's death, it should also bear corresponding responsibility for inducing Wu Mouyu's underlying illness and causing Wu Mouyu's death.
Therefore, taking into account the cause of Wu's death and Tang's involvement, the court decided that it was appropriate for the defendant Tang to bear 10% of the liability. According to the evidence submitted by the plaintiff, the court found that the total losses of hospitalization medical expenses, food subsidies, nutrition expenses and other losses were 1,038,563.62 yuan, that is, the defendant Tang should compensate the plaintiff's family for 103,856.36 yuan.
What the judge said
"The old and the old, the young and the young", respecting the old and loving the young, and living in harmony are social virtues. In this case, although Tang could not foresee Wu Mouyu's serious underlying disease, he could foresee that Wu Mouyu was an old man in his 60s, and his pushing behavior would lead to danger, and he failed to fulfill the duty of prudence of ordinary people, and there was subjective fault, so his behavior constituted infringement. However, considering that the main cause of the victim's death was his own illness, it was determined that the perpetrator bore secondary responsibility.
In social interactions, everyone should express their demands in a civilized and rational manner, speak well when dealing with contradictions, speak slowly and reasonably, be more tolerant, and be more considerate, so that many tragedies will be avoided, and we must not cause disasters in a momentary manner.
Netizens are hotly discussed
Many netizens are upset for the owner of the car
It is believed that the dog owner is not taking good care of his dog
That's when the misfortune happened
There are also netizens who are more in the middle of the list
Although the old man was at fault first
But there should be no price to pay for lives
Since there was a traffic accident
It should be handled properly
The first time to call the police is the wisest choice
What do you think about this?
Shanghai News Broadcasting is synthesized from the Hunan High Court and netizen comments
Edit: Rose Sand
Editor in charge: Yan Ping