Jimu news reporter Liu Yi
Luo Shixiong, a 28-year-old salesman at Sichuan Yibin Wuliang Fragrant Series Wine Co., Ltd., died on the evening of December 3 last year after a dinner party in Loudi, Hunan Province. 120 outpatient records show that the same table staff complained that Luo Shixiong drank 2 kilograms of liquor, and the doctor initially diagnosed death as severe alcohol poisoning.
After half a year, Luo Shixiong's father, Luo Jun, was still worried about his son's death. How much wine did my son drink at that party that night? After being unwell, did Luo Shixiong get rescue in time? Is his death, and are the people who participated in the party responsible? Luo Jun wanted answers to these questions.
In April, Luo Jun filed a lawsuit with the court against 10 other people who participated in the gathering. On June 1, Luo Jun told Jimu News that the court had accepted the case and would hold a trial in Loudi at the end of June.
The young salesman died after drinking
Luo Shixiong is the only son of Luo Jun, a native of Yibin, Sichuan, who was the sales staff of Jianzhuang Wine of Yibin Wuliang Fragrant Series Wine Co., Ltd. in Loudi and Shaoyang areas of Hunan Province.
In the civil complaint, Luo Shixiong's family claimed that on December 3, 2020, Luo Shixiong went to Loudi to inspect and guide the sales of Jianzhuang wine, and had dinner with 10 people, including Liang XX, a jianzhuang liquor salesman in Loudi Area, and had dinner in Liang XX's rented house and discussed sales matters. During the banquet, the 10 defendants repeatedly took turns to persuade Luo Shixiong to drink, resulting in Luo Shixiong drinking excessively and vomiting. Because he drank too much, Luo Shixiong stayed overnight at Liang's house that night.
The family also complained that at about 7:40 a.m. on December 4, Mr. and Mrs. Liang went to Luo Shixiong's resting room and found that he had difficulty breathing and was unconscious, so they called another party participant, Yang. After Yang arrived at the scene, he dialed the 120 emergency number at 8:10. At 8:29, 120 ambulance personnel rushed to the scene and found that Luo Shixiong was delirious, short of breath, his pupils were slow to respond to light, a large number of food residues could be seen in the mouth and nose, the carotid artery beat was weak, and the limbs were purple. The initial diagnosis was severe alcoholism, and he died after ineffective rescue at the scene.
The Jimu News reporter learned that just as the emergency personnel carried Luo Shixiong on a stretcher, Luo Shixiong suddenly breathed and had a cardiac arrest, and the doctor rescued him on the spot, but in the end he still died of ineffective rescue.
The "Death Certificate" issued by the Loudi police in Hunan Province after intervening in the investigation shows that at about 7:00 a.m. on December 4, 2020, Luo Shixiong felt unwell due to drinking too much, and died at about 9:00 on the 4th after 120 rescue was ineffective.
120 records show that 2 kilograms of liquor were drunk
On June 1, Luo Jun told Jimu News that although his son was engaged in liquor sales, the amount of alcohol was not high, and when he drank with his family, he was almost drunk when he drank about half a kilogram. Afterwards, he learned that his son went to Loudi at that time to work for business contacts and collection of payments. On the evening of December 3 last year, a total of 11 people, including their sons, gathered and drank a total of 4 bottles (i.e. 4 catties) of liquor.
Luo Jun also said that afterwards, they looked at the police interrogation records through their lawyers, and also talked with the people who attended the party that night, and the statements were inconsistent, some people said that Luo Shixiong only drank seven or eight liquors, and some people said that they drank more than one and a half pounds. But 120's records show that the scene personnel told the doctor that Luo Shixiong drank 2 kilograms of liquor.
The pre-hospital emergency records of the 120 First People's Hospital of Loudi City provided by the family show that "the patient's friend complained that he drank about 2 kilograms of liquor last night." Doctors initially diagnosed it with "severe alcoholism."
On the afternoon of June 1, Jimu News contacted a number of people who participated in the day's gathering, some of whom were not interviewed, and some said that they could not remember how much Luo Shixiong drank.
It is understood that the gathering began at about 7:30 p.m. that night and lasted until about 9 p.m. Luo Shixiong stayed at Liang's house after getting drunk, and he also went to the toilet to vomit around 10 p.m. Liang Moumou's wife once told the police that there was no mutual persuasion during the banquet, but the employees on Loudi's side toasted Luo Shixiong several times.
Family members questioned the improper use of forced drinking and rescue
"As a doctor, I want to find out the real cause of my child's death, what really happened that night." Luo Jun questioned online whether his son was forced to drink that night, and when he found that his son was in a wrong situation, whether the people involved were not properly rescued.
Luo Jun wrote, first of all, is there any persuasion at the banquet? Without knowing the amount of alcohol the other party has drunk and whether the other party is sick, is it a forced drink to toast all the time?
Luo Jun also believes that during the rescue process, the improper operation of the drinking friends led to the tragedy. In his view, the most important thing in rescuing patients is to seize time, and in the Liang family, rescue on the spot can win valuable time, and second, it can avoid moving to bring secondary harm to patients, but these two points have not been done. At more than 7:00 a.m. on December 4 last year, Liang moumou and his wife have found that Luo Shixiong has vomit in his nasal cavity, the purring is particularly loud, how to call can not wake up, but they did not call the doctor, but called the colleague Yang Mou called over, which took 20 minutes, the colleague came after calling the doctor, the doctor arrived at 8:20 more ...
Luo Jun also told the Jimu News reporter that according to the description of the scene personnel, when Liang Moumou and others carried Luo Shixiong downstairs, the posture was on the head and feet, and the stairs had a slope, which could easily cause injury or aggravate the condition. When they couldn't move in the middle, they also put down and rested for a while, and Luo Jun believed that such improper operation was also the reason for accelerating Luo Shixiong's death.
Lawyers say co-drinkers are responsible
Lawyer Wang Xinzi of Hubei Today Law Firm believes that Luo and others went to Liang's rented house to drink together, and Liang should fulfill a higher duty of care and care than ordinary people. However, in the process of drinking, Mr. Liang did not reasonably discourage the victim Luo from drinking excessively, so he was at fault for the occurrence of this incident and should bear the corresponding compensation liability.
The other people present failed to effectively dissuade the victim Luo from drinking excessively, and when Luo was drunk and may have lost the ability to control himself and was already in danger, he had already developed a statutory obligation to rescue and help him. However, many drinkers have not fulfilled the corresponding safety care obligations, failed to send to the hospital in time, contacted their families in time, and were at fault for the occurrence of the accident and should bear legal responsibility.
Finally, according to the relevant provisions of the Civil Code, if the infringed party is also at fault for the occurrence of the damage, the liability of the infringed party may be reduced. The victim Luo Mou is an adult with full capacity for civil conduct, and should have a clear enough understanding of the dangerous consequences that may be caused by excessive drinking, and when he gathers with drinking friends, he cannot rationally control drinking, resulting in excessive drinking and the occurrence of this accident, and should also bear certain responsibilities.
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