Two brothers in Chongqing picked a honeycomb to brew wine, passing by the young girl was stung to death letter home remedies "horse bee bubble wine can cure rheumatism" to bear 70% of the responsibility, stabbed the honeycomb to pay 580,000 yuan to maintain the original judgment did not completely eradicate the danger

According to the upstream news Chongqing Morning Post, The Chongqing Wulong people Ma Wen and the MCA brothers did not expect that they originally wanted to pick the hive to make wine, but a flower girl died for this. When the girl passed near the place where the horse was poking the honeycomb, she was stung by the horse bee and died after rescue.

Afterwards, the girl's parents took Marvin, MCA and other relevant personnel to court and demanded compensation. The Wulong District People's Court made a first-instance judgment that the person who stabbed the honeycomb should bear 70% of the civil compensation liability and compensate the relatives of the deceased for more than 580,000 yuan.

The defendant appealed against the first-instance judgment, and recently, the Municipal Third Intermediate Court made a second-instance judgment: rejecting the appeal and upholding the original judgment.

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<h1 class="ql-align-justify" > believe in the folk remedy "horse bee brew wine can cure rheumatism"</h1>

"For many years, our father had rheumatism." When the case was heard in court, the Marvin and MCA brothers said in court that they had heard local villagers say that horse bee brewing wine could cure rheumatism, so they went around to find out where there was a honeycomb.

Coincidentally, the brothers' relatives told themselves that there was a honeycomb in a village in a town in Wulong, where they were located, and it was on a green bar tree in the forest of the village. On 1 October 2017, the three (Marvin, MCA brothers and relatives) set up their equipment and went to pick a honeycomb together.

The brothers borrowed two sets of bee-proof suits, carried plastic bottles, filled them with wine, snakeskin pockets and two bottles of "gunners", and relatives were responsible for taking them to the so-called honeycomb location.

The honeycomb on the green bar tree is often called "Seven Mile Tour", and the title of the book is "Seven Mile Tour". According to public information, the Qili Tour Wasp, also known as the Hairy Wasp, Mao Qili, etc., is mainly distributed in Yunnan, Sichuan, Shaanxi and other places, with a black body, a length of 2--3.5cm, and a strong aggressiveness.

"Seven Mile Tour" is the strongest aggressive and most injurious wasp in the Vespa Family, after the nest of the Seven Mile Tour is infested, except for some of it that takes off from the nest, the adult bees will flock to the nest and fall vertically from the nest, reaching the ground to find the target.

When the target is found, the swarm of bees flocks up to it, and it is said that they can chase the target up to seven miles away, so it is named "Seven Mile Tour".

Marvin climbed up the tree in a bee-proof suit, grabbed the bees into a wine bottle, cleaned the bees, and used his pocket to pluck the whole honeycomb. Under the green bar tree, MCA also wore anti-bee suits and sprayed bees with "gunmen".

At that time, there was also an old lady herding cattle nearby, and the local folk had a folk remedy for horse bee soaking wine to cure rheumatism, and the old woman asked the two brothers to send her some wine. The group of three "readily agreed" and shared a bottle of wine with her.

One life, the girl passed by and was stung to death

The old woman who wanted the wine did not expect that her connection with the poke honeycomb incident was not only a bottle of wine, but also the life of her daughter in the flower season.

On October 4, 2017, three days after Marvin and MCA "poked the honeycomb", the old woman's daughter Xiaoju returned home from Chongqing and was stung by a horse bee when she passed through the Green Bar Forest.

After being injured, Xiao ju was successively sent to Wulong Furnace Central Health Center, Fuling District Emergency Center, and Southwest Hospital for treatment, and was diagnosed by Southwest Hospital as: poisonous bee sting; acute toxic hepatitis; acute toxic myocarditis; acute renal insufficiency; acute rhabdomyolysis syndrome; and secondary coagulation dysfunction.

On October 12, 2017, Xiao Ju died after ineffective medical treatment.

After Xiao Ju was stung, the green bar tree where the original honeycomb was located was re-treated and cut down by the fire department and other departments.

Lawsuit: Who is responsible for the girl's death

Afterwards, Xiao Ju's parents sued the two brothers and relatives of Marvin And MCA to the court, demanding compensation for the losses caused by Xiao Ju's death.

Xiao Ju's parents appointed a lawyer, and appealed in court that Marvin, Ma Hua and the other three people did not clean up the remaining bees and honeycombs, leaving hidden dangers, and there was a direct causal relationship between Xiao Ju and Xiao Ju's unwitting sting at that place, and the three defendants were at fault and should bear corresponding civil liability.

Marvin, MCA and the relatives who led the way also hired lawyers, and in court, the defendants refused to tortiously accept liability for Xiao Ju's death, arguing that there was no causal relationship between honeycomb picking and the bee stinger.

The defendant claimed that MCA and the other three were not subjectively at fault, that the motive and purpose of catching bees and picking honeycombs was to cure rheumatism with bees and honeycombs, that there was neither the intention of harming the personal and property safety of others, nor negligence, nor the failure to foresee or foresee that picking honeycombs would cause harm to others.

In addition, the three were treated with the honeycomb and bees, and the bees on the honeycomb were caught in the bottle, and the bees on the ground were killed and trampled to death with "gunmen". As for whether there are bees that have not returned to the honeycomb, no one can be sure, and the damage consequences are not causal to be related to the picking of the honeycomb.

The two sides have their own opinions, and the above views have been recorded by the court in the judgment of the first instance.

<h1 class="ql-align-justify" > bear 70% of the responsibility, and the person who pokes the honeycomb loses 580,000</h1>

The Wulong District People's Court held in the first instance that there was a causal relationship between Ma Wen and others' act of picking up the honeycomb and Liu Ju's sting. Horse bees have the habit of attacking stings after the nest is destroyed, and the act of picking up the horse beehive increases the risk of passers-by being stung by the horse bee.

Specific to this case, Marvin and three other people met to pick up the horse beehive to soak wine, and after the fact, they were not thoroughly cleaned up, resulting in the remaining bees returning to the nest to leave a safety hazard, and did not fulfill the obligation of full reminder, which was the main reason for the death of the victim Liu Moumou.

Xiao Ju is a person with full capacity for civil conduct, and should observe the passage when passing through the road section of the incident, lack of prejudgment of danger, failure to fulfill the obligation of full care, and should reduce the liability of Marvin and the other three people.

On May 7, 2018, the court rendered a first-instance judgment. Combined with the degree of fault of Marvin et al. and the danger of The Wasp itself, it was decided that Marvin and the other three would bear 70% of the civil compensation liability, the amount of which was 588275.91 yuan.

<h1 class="ql-align-justify" > uphold the original judgment and not completely eradicate the danger</h1>

After the first-instance judgment, Marvin et al. were not satisfied and appealed to the Municipal Third Intermediate Court.

The Municipal Third Intermediate Court held that the phenomenon of nesting is the general living habit of wild insects, especially horse bees, and horse bees usually attack nearby people and animals after the hive is destroyed and taken away.

Marvin et al. took certain precautionary measures when picking up horse honeycomb bubble wine, such as wearing clothes to prevent themselves from being stung by horse bees, carrying insecticides, etc., indicating that Marvin and others can fully recognize the dangers of removing horse honeycombs, and their killing of falling horse bees also shows that they have recognized the risks that may arise after removing horse honeycombs.

In this case, although Marvin et al. took certain measures, because they did not completely eradicate the danger, it was still a laissez-faire of possible harmful results.

The victim, Xiao Ju, was attacked by a wasp while passing near the honeycomb that was picked, and died after being sent to the hospital after ineffective treatment.

As of the second-instance judgment, there is no evidence to prove that there are other horse honeycombs nearby, so there is a causal relationship between the act of Removing the Honeycomb and Xiao Ju's stinging, combined with the degree of fault of Marvin et al. and Xiao Ju's handling of danger, the first-instance judgment Ren Wen et al. bear 70% of the responsibility, and there is no improperness, which is confirmed.

Recently, the Second Instance Judgment of the Municipal Third Intermediate Court rejected the appeal and upheld the original judgment.