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Old 05-27-2011, 04:14 AM   #1
euitg408
 
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Default Beijing Subway rolling off the legs of young retri

the first round, Wu Hualin lost. The second round, Wu Hualin win.
However,lunettes pas cheres, in July this year, the Beijing Municipal Procuratorate protest, this has been settled in the
With the future of prosthetic and other expenses to further the protection of, or access to 50 million before the financial compensation and moral damages solatium 30 million will face
at about 9 am, the case in West Side Court. Wu Hualin all night because the evening of 15, very bad mental state, the provisional decision not to come to the trial scene.
Wu Hualin lawyer Jinzhan Liang said, up to 4 years of twists and turns of litigation, has given way to Wu Hualin tired. Moreover, he has become disabled, and still has phantom limb pain.

as

Metro agents claimed: . shut out. .
whether high-speed metro transport

before the case went through up to 4 years of litigation, the focus of controversy lies in the The key is
2008 年 1 month, West Side Court found that the MTR is high-speed means of transport, shall bear the Beijing Subway , should bear civil liability. It is the law in order to protect the weak, in some specific violations of the applicable principles.
However, the court trial, said the Beijing MTR, the MTR provides speed of 33.5 kilometers per hour, stop the rate of 15 km per hour, the following does not belong to high-speed means of transport, the Corporation does not be liable for damages.
this regard, Wu Hualin's attorney suggested that the legal rate of speed has nothing to do with the physical means of transport, city buses despite a slow walker, but the event of an accident or are high-speed means of transport, for no principle of fault liability.

metro area,lunette ray ban pas cher, said that security alerts national standard is encouraging, non-mandatory. Metro also presented the International Association of the security risk rating and a full English screen door installation in the world to prove the safety of Beijing Subway is higher, the screen door installation in the world was only 6% Beijing subway as standard too high.
the original defendant, how much responsibility each side bears

the proportion of responsible parties, is another key case, but also important reason for the retrial case.
far, Wu Hualin case has made a 9 judgments and orders were in force. The results of the retrial, Wu Hualin lawyers predict the court should not make a full refund of Wu Hualin 80 million in damages, but is likely to cut the proportion of the responsibility of the Corporation. Counsel argues that the reason the case further turmoil, Wu Hualin after obtaining the compensation money, picked up fees of more than 170 million yuan to install artificial limbs should be an important reason.
but lawyers Jinzhan Liang explained that this is not the Wu Hualin This amount also makes sense.
subway agents believe that the safety of passengers, their own negligence, he shall bear their own fault, prosthetic costs are not what they say goes, it should be qualified by the relevant third parties who have opinions.
Wuhua Lin's attorney said in court, the case is a special infringement, the Supreme Court trial, provided guidance does not apply in two situations, Second, the offender has a general fault, a major fault of the victim, the victim as a replacement after the general fault. In other words, in both cases, the victim should also bear some responsibility, the perpetrators can not bear full responsibility. In this case, Metro did not do legal safeguards obligations, is a major fault, Metro required to reduce the liability can not be established.

the media, Wu Hualin sister Wu Huawen broke down in tears: court sentencing.
Beijing, October 18 News

case playback

2004 年 9 29, Wu Hualin subway station in the South Lishi, slip away Under the platform, was the train rolled off legs.
2005 年 1 month, Wu Hualin sued the Beijing Mass Transit Railway Corporation West Side Court, claims more than 200 million.
2005 年 11 months, the West court found gross negligence Wuhua Lin, rejected the claim request.
2006 年 3 months, Wu Hualin appeal, the Beijing Intermediate Court to maintain a decision.
2006 年 11 months, Wu Hualin complaint, a Beijing court in West returned the case to court for retrial.
2008 年 1 8, West Side court for retrial, that the Corporation should bear the liability without fault, the compensation Wu Hualin sentence of more than 50 million in economic losses and the spirit of solatium 30 million. The Corporation appealed.
2008 年 6 17,lunettes pas chere, a Beijing Intermediate People's Court of Final Appeal upheld the original verdict.
2009 年 7 months, the Beijing Municipal Procuratorate protest to the Beijing High Court that a Beijing Court of Final Appeal ruling in the applicable law correctly.
2009 年 9 months, the Beijing High Court order to cancel the final and the West Side Court remanded the case back for trial.
2009 年 10 16, West Court again retrial.
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