综合一区欧美国产,99国产麻豆免费精品,九九精品黄色录像,亚洲激情青青草,久久亚洲熟妇熟,中文字幕av在线播放,国产一区二区卡,九九久久国产精品,久久精品视频免费

Global EditionASIA 中文雙語Fran?ais
China
Home / China / Society

Doctor wins appeal after smoking argument led to death

By LI LEI | China Daily | Updated: 2018-01-24 09:16
Share
Share - WeChat

A court in Zhengzhou, Henan province, has overturned a decision ordering a doctor to compensate the family of an elderly man who died after a quarrel over smoking in an elevator.

The doctor, identified only as Yang, was told to pay 15,000 yuan ($2,340) in damages in September after the city's Jinshui district court ruled he should "share the loss" from the death.

Yang got into a heated exchange with the deceased, surnamed Duan, on May 2 in a residential community elevator after he asked the elderly man to stop smoking. Shortly after, Duan suffered a fatal heart attack.

Duan's wife, surnamed Tian, filed a lawsuit accusing the doctor of causing her husband's death. The district court based its ruling on article 24 of Tort Law, which states that "both parties should share the loss when neither can take sole blame for the loss".

However, the Zhengzhou People's Intermediate Court said on Tuesday it had overturned the decision-after an appeal filed by Tian.

The court issued a notice on Sina Weibo that said the original ruling was inappropriate because the article cited would only apply if Yang's behavior had caused the smoker's death.

Surveillance footage from the elevator shows that the quarrel between Yang and Duan was only verbal and no physical confrontation was spotted.

Yang remained relatively "calm and restrained" during the five-minute conflict, whereas Duan was in a state of "excitement" and his emotions became increasingly unstable as time passed, the court said.

Yang did not leave until the community's property management officer intervened. Duan went to the property management office before having a heart attack, it said.

Liu Lin, a lawyer from Beijing Shuangli Law Firm, said the previous ruling was based on the facts but used an inappropriate legal clause, and the second ruling was "fair and square".

"The causal relationship exists only when Yang's behavior directly leads to Duan's death, which is not true in this case," he said.

According to Zhengzhou's regulations prohibiting smoking in public places, smoking is prohibited in elevators and citizens are entitled to stop smokers in public places.

Top
BACK TO THE TOP
English
Copyright 1994 - . All rights reserved. The content (including but not limited to text, photo, multimedia information, etc) published in this site belongs to China Daily Information Co (CDIC). Without written authorization from CDIC, such content shall not be republished or used in any form. Note: Browsers with 1024*768 or higher resolution are suggested for this site.
License for publishing multimedia online 0108263

Registration Number: 130349
FOLLOW US
 
阿拉善盟| 腾冲县| 黑水县| 襄汾县| 岳池县| 丰县| 依安县| 靖边县| 富锦市| 九龙县| 麻城市| 夹江县| 黄平县| 游戏| 苏州市| 苏尼特左旗| 朝阳区| 绿春县| 洛浦县| 阿勒泰市| 洞头县| 海淀区| 大悟县| 靖边县| 高阳县| 天全县| 新民市| 紫云| 安阳市| 同德县| 虞城县| 文水县| 凤山县| 隆尧县| 吉安市| 应城市| 胶南市| 罗山县| 介休市| 桃园县| 丰都县|