Jiangsu Suzhou Wuzhong court
A case of tort involving death by drinking,
The deceased was invited to dinner and died of alcohol,
The families of the deceased appealed to the court for compensation and were not supported!
Tang opened a machinery factory,
Due to the expansion of the company size,
A new factory was found to be relocated,
In order to celebrate the relocation,
Tang asked the workers in the factory to have dinner with friends,
So I reserved three boxes at a hotel.
This is the best wishes for your new home,
Unexpectedly, Xu drunken home sudden death accident.
He was acquainted with Xu in 2015,
There are few contacts at ordinary times,
Xu sometimes comes to his factory to sit down,
The same day, Xu also came to the new plant,
But he did not notice Xu participate in the banquet.
Since there is no invitation,
Why Xu appeared in the banquet?
It turned out that evening,
Luomou delivered back,
I saw Xu in the factory,
Xu asked him where to go,
He said Tang had dinner over there,
Xu saw a seat on the bus,
I got into the car and followed.
Xu will usually have dinner drink, drink good.
At the dinner table,
Xu sits in the first box,
He drank the white wine,
A table of people are not particularly familiar with each other,
There is no Quanjiu phenomenon,
About 8 o'clock at night to finish,
Xu drank too much,
For Tang, the arrivals are all guests,
Tang will arrange for Zhang, Luo, Wang will be sent home xu.
On the way, Xu pushed him several times and fell,
Xu's wife also came out with Xu Fu back home.
However, the accident happened,
The next morning Xu died,
Medical certificate (deduction) issued by hospital,
The reason for Xu's death was sudden death.
The concentration of ethanol in the blood was 294mg/100ml.
The families of the deceased will host the dinner,
The seven escorts and the same drinkers were brought to court,
The defendants are required to bear damages according to their mistakes.
Wuzhong court held that,
Down down down
Xu without invitation to dinner banquet, some wine,
Left to drunken state,
And Xu at the same table to eat su et al,
Denied the malignant behavior of quanjiu.
Xu usually drink capacity, at about a pound,
And Tang said when asked,
Xu in the box drank a total of three or four bottles of white wine,
There are about 4 people drinking,
Visible, Xu no excessive drinking situation.
The plaintiff held that,
Lumou, Shen mutual Quanjiu behavior,
But there is no corresponding evidence.
Don as organizer,
After the banquet arrange to send home xu,
Reasonable duty of care.
Xu drunk part of the activities of the loss of capacity,
I fell down on my way home.
Zhang et al have no subjective intention,
Xu will be handed over to his family after custody,
Its escort duty has ended.
The plaintiff found blood on Xu's body,
Not for medical treatment,
The corresponding responsibility does not lie with Zhang et al.
And from the personnel on the inquiry transcripts,
No conflicts occurred during the dinner.
About the cause of Xu's death,
The plaintiffs felt that drinking was excessive,
Two improper escort may lead to head injuries.
However, classics have been identified,
The blood ethanol concentration was 294mg/100ml,
Both sides have confirmed that the concentration is not enough to cause death,
And after many investigations,
A possible death from mechanical violence has been ruled out.
Without detailed autopsy, they were cremated.
Zhang and others, although Xu admitted on the way home, fell to the ground,
But denied Xu's head to the ground.
The plaintiff failed to prove the fact that Xu suffered from head injury.
Evidence provided by the plaintiff,
Not enough to prove the death and drinking of xu,
The act of escorting; causation,
The defendants were not to blame for the death of xu.
The defendants were asked to compensate the defendant for the loss of his death
The claim for action is not supported.
Defendant Tang, Lumou, Wang said:
Willing to compensate the plaintiff 5000 yuan respectively,
Defendant Luomou, Zhang said:
Willing to compensate the plaintiff 2000 yuan respectively,
To be determined by its own consent,
Dismiss the plaintiff's other claims.
Source / Yangzi Evening News
Editor / Wu Guangyan