Xinhua: Fireworks bloomed and injured the neighbor's left eye The second-instance mediation agreement reached an agreement to compensate the neighbor for more than 80,000 yuan

2016/1/13 9:44:47 Loudi Xinxin.com

Reporter: Zhu Hongzhuan Correspondent: Wang Jingjing

Chen Jihua and his wife in Baixi Town, Xinhua County, bought fireworks from Liuyang to celebrate the birthday of their father Chen Shandong, however, what people did not expect was that the fireworks caused an accident and injured the left eye of Chen Shanfa, who was standing by to watch the fireworks, and a happy event turned into a disaster. In order to defend his rights, Chen Shanfa was violated with his right to life and health, and a complaint took Chen Shandong and Chen Jihua to court. The first instance judgment ruled that Chen Shandong and Chen Jihua should be compensated for medical expenses totaling more than 90,000 yuan. Chen Shandong and Chen Jihua were not satisfied and appealed to the Loudi Intermediate People's Court. In the second-instance trial, the Loudi Intermediate People's Court presided over the mediation, and in the end, the two sides reached a mediation agreement through consultation, and the storm caused by fireworks and firecrackers was calmed.

The thing is, on the eighth day of the first lunar month in 2014, Chen Shandong held a 60th birthday party, and Chen Jihua bought fireworks from Liuyang to celebrate. That night, when fireworks were set off, Chen Shanfa was watching in the corridor at the gate of another neighbor's house, and unfortunately was hit in the left eye by the fireworks. After the injury, Chen Shanfa was immediately sent to Xinhua Eye Hospital for treatment, and the next day he was transferred to Hunan Boya Eye Hospital for inpatient treatment, and the doctor diagnosed: contusion of the left eye, blood in the left front atrium, blood in the glass volume of the left eye, yellow class crack in the left eye, traumatic mydriasis in the left eye, contusion of the retina of the left eye, refractive error in the left eye. Chen Shanfa's injuries were identified as grade VI disabilities by the Loudi City Xuanyou Judicial Laboratory. The Houxinhua County People's Court entrusted the Judicial Appraisal Center of Hunan Provincial People's Hospital to re-evaluate Chen Shanfa's injuries, and according to the actual situation, the degree of injury to the left eye constituted an eighth-degree disability.

On March 20, 2015, the Court of First Instance rendered a judgment on the lawsuit. The court of first instance held that Chen Shandong and Chen Jihua held a birthday banquet and set off fireworks to celebrate Chen Shandong's birthday, injuring Chen Shanfa and bearing tort liability for Chen Shanfa's damages in accordance with the law. Chen Shanfa was not at fault in this case and should not be liable. Chen Shandong and Chen Jihua argued that the subject of compensation in this case should be the fireworks seller or fireworks manufacturer, because they did not submit evidence to prove that there was a product quality problem in the fireworks, and they made it clear at trial that they would sue separately in the future, so the claim was not established, and this court did not support it. Chen Shandong and Chen Jihua's infringement of Chen Shanfa's personal rights and interests objectively existed, and Chen Shandong and Chen Jihua were ordered to compensate Chen Shanfa for medical expenses and other economic losses of more than 90,000 yuan. The remaining claims of Chen Shanfa were dismissed.

Chen Shandong and Chen Jihua appealed to the Loudi Intermediate People's Court against the above-mentioned civil judgment of the court of first instance, requesting the court of second instance to revoke the original judgment and change the judgment according to law.

In the course of the second-instance trial, after the Loudi Intermediate People's Court presided over the mediation, the parties voluntarily reached a mediation agreement, and Chen Shanfa's economic losses were compensated by Chen Shandong and Chen Jihua for 81,800 yuan, deducting the 26,800 yuan that had been paid, and 55,000 yuan should also be paid, and the rest of the losses were borne by Chen Shanfa. (Reporter: Zhu Hongzhuan Correspondent: Wang Jingjing)