5 years ago, the 16-year-old girl Wang Liman Hotel in Nanjing Yuhuatai Area with a waitress, because to accompany the guests to drink too much cause seizures sudden death. After the incident, the king's parents will pay for the hotel owner into court, Yuhua court as compensation for families of the deceased to pay the total cost of more than 60,000 yuan. Fu-cheng appealed, but was rejected. Since then, pay into the restaurant was closed, and walk away, a hide is 5 years. Recently, the judge finally found the whereabouts of Fu-cheng, pay into a compensation agreement with interest 10 million deceased parents.
16-year-old waitress death
Wang Liman is the Anhui. June 10, 2003, Wang Li Man to pay into the hotel is located in Itabashi work and Yuhuatai District Center for Disease Control and Prevention medical clearance, received a health certificate. The evening of 7 January 2004 7 pm, Wang Liman sudden epilepsy deaths at work, only 16 years old. After the death of Wang Li Man, their families very angry to find paid into the discussion saying, paid into the payment of 1.5 million will be transferred to another restaurant tenant does not want to lose money. Wang's parents will then be paid into court, asked to pay as compensation for death of King Liman total of 113,972 yuan compensation, etc, have been paid into the net pay of 1.5 million, should pay 98,972 yuan. Court, the original defendant, the two sides formed a focus of controversy: 1, Wang Li Man's death; 2, whether to pay into a liability. After the incident, because the plaintiffs do not want to make an autopsy on King Liman, lead the court can not confirm the death of Wang Li Man.
then, Wang Li Man in the end is why it died? In this regard, the original defendant, the two sides had differences, plaintiffs believe that the king Liman died due to excessive drinking; the defendant believes that a history of epilepsy Wang Liman, the same day due to seizures and death.
Wang Liman colleagues in the restaurant, testified that King Liman history of epilepsy, one month before the incident,
14 migrant workers were openly suspected of assaulting a police officer, they had seen the king Liman appeared unconscious, and accompanied by whole body convulsions, foaming at the mouth of the symptoms, attack lasted about 10 minutes. King's sister has also been said to them the matter and told them, once the king Liman seizures, must let her bite something, do not let her bite your tongue. The night of the incident about 8 pm, Wang Li Man came out from the hotel rooms collapsed to the ground, and arms and legs twitching, his tongue protruding, foaming at the mouth, incontinence and other symptoms. Wang Li Man They immediately rushed to hospital, but twenty minutes later the king was declared dead Liman.
induced seizure after drinking
epileptic seizures really very dangerous for the patient, but as long as proper measures are not necessarily fatal,
belstaff leather jacket, Wang Liman has happened before epilepsy, why is This led to the death? In this regard, Wang Liman's parents believe that is the hotel to go to Japan unveils king Liman, resulting in the death of Wang Li Man. To this end, the court summoned several of the evening meal at the hotel guests to testify, which they recognized the day in a restaurant meal,
belstaff shop, the waiter in charge of the Office of King Liman liquor and beer drinking. So, drinking and whether the relationship between seizures? The Court also summoned the First Hospital of Nanjing Medical Director Chen called on to testify, Director Chen of the drinking death of death and epilepsy, from the time and symptoms were compared and analyzed the cause of epileptic seizures.
Director Chen of that from the time point of view, lead to death due to drunkenness, there should be a long time, and seizures, such as rescue in time,
belstaff leather, will cause death within a short time; from disease symptoms point of view, often drunken vomiting, drowsiness, etc., but when the epileptic seizures eyes wide open, body limbs straight, screaming, out of breath, limb convulsions mandatory, sometimes urinary incontinence, bowel control. Director Chen also stated the crucial words: induced seizures have many causes, mainly fatigue, alcohol, emotional and so on. Director Chen of the analysis and combined with the testimony of witnesses, the judge said Wang Li Man from the onset to death less than an hour,
135 owners can purchase 4 years Banfangchanzheng, and then symptoms of convulsions, foaming at the mouth, urinary incontinence, in full compliance with the characteristics of epileptic seizures, and, with the onset of Drink a lot of drinks that night has a direct causal relationship, that is, epileptic seizures induced by alcohol,
outlet belstaff, eventually leading to death. For this conclusion, to acknowledge both the original defendant.
restaurant owner, But the second dispute, the two sides at loggerheads. Wang Liman's parents that will be responsible to pay into, and paid into insists that Liman Wang, Department of waiters, engaged in service work, hostessing is not mandatory hotel, is her voluntary, so her behavior and Japan unveils Hotel has nothing to do; In addition, Wang Liman civil capacity as an independent person, knowing that their case had epilepsy and alcohol,
belstaff panther jacket, its consequences of death should bear full responsibility. However, Wang's parents that Liman Wang Liman Japan unveils its service behavior is intrinsically related, pay into the hotel to get high profits, according to different grades of wine has developed different incentives, encouraging hotels to sell liquor to customers attendant class, waiters selling a bottle of wine each, can get a commission from,
for this incentive, to pay into while recognizing, but he argued that wine, have incentives to sell out, never said Japan unveils have a reward. Fu-cheng appealed his conviction to the Nanjing Intermediate People's Court of Appeal, the results were in the hospital rejected. Since then, pay into it disappeared.
5 years, the judges and the king Liman's parents to pay into the whereabouts of many to find no results. Earlier this year, the judge was informed by housing authorities to pay into the Jiangning query bought a house, then seized to pay into the housing. March 9 morning, has finally found the Executive to pay into, instantly making them detained for 15 days, a fine of 1 million penalty, and informed her that does not fulfill all obligations within the specified period, will be held criminally responsible. Fu Chengli about claims and delay the performance of 10 million yuan of interest submitted to the court, and write repentance. View of the payment in good faith to recognize and correct the error into the court into a premature termination of the judicial detention measures to deal with.
the judge saying:
can not just make money regardless of employees
sentence restaurant owner in this case, why lose money? The legal basis? Nanjing Yuhua Court judge, told reporters a detailed explanation.
judge told reporters that China's The composition of this responsibility must have three conditions: First, the fact that damage occurred employees; second, the victim must have an employment relationship as an employee; the third, the victim's personal injury engaged in employment activities in process.
control these three points, to pay into a restaurant operated by the Department of individual economic organizations, Wang Liman hired by restaurant after the service work in the hotel, the two sides formed the employment relationship; Wang Liman died at work, is induced by their excessive drinking caused seizures, and alcohol and
So, how to identify the king Liman drinking and Judge explained that the king paid into that Japan unveils personal behavior Liman, not the hotel mandatory, however, Wang Li Man as the hotel waiter, restaurant and personal to the dual interests, efforts to sell wine to customers, which is OK to drink to accompany the customer effective marketing methods, and as the person in charge to pay into the restaurant, the waiter of this behavior unchecked. Over time, this wine server behavior in the hotel as a service to the project by default, so the wine server behavior should be identified as
As a The judge told reporters, the true should bear some responsibility. Wang Liman over sixteen may be regarded as an independent civil capacity, in knowing that they are suffering from epilepsy, alcohol can induce seizures and may cause death of the consequences, while allowing the occurrence of this result, causing subjective the consequences of its own gross negligence of death. It is based on this point, the court ruling Fucheng Cheng bear 80% of the liability. (Paper party is his real name) I made this reporter Luo Shuangjiang correspondent