| hjghermf |
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| Joined: 01 Jun 2013 |
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| Location: England |
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's Court of second instance verdict, decree school responsibility, Jill awarded 60,000 yuan. More than 30 ears deafness caused severe juvenile 13 years old this year, Jill (a pseudonym) was formerly Zhongshan three classes in a private school fifth grade students. Last year at 13:40 on October 28th or so, due to lack of discipline Jill was school teacher Xiongmou Ling, Liu Moubin stopped in the hallway reprimanded and corporal punishment. Police record shows,[link widoczny dla zalogowanych], Jill said to be playing more than 30 ears Xiongmou Ling, Liu Moubin was a kick. Jill's parents rushed to the school after the incident, the complaint to the principal, the principal agrees with Xiongmou Ling responsible for all medical expenses, at that time that the ear harmless. Two days after the incident, Jill is still feeling pain in the ear, the right ear Xiaolan People's Hospital diagnosed as post-traumatic tinnitus,[link widoczny dla zalogowanych], hearing loss. Later, Jill to the number of hospital treatment,[link widoczny dla zalogowanych], Zhongshan Hospital and diagnosed with moderate to severe ear mixed deafness. During treatment, the school paid to Jill 6162.90 yuan for medical expenses and other costs 246 yuan. June 13 this year, the Guangdong public Jill amount forensic clinical forensic assessed as ten disabled. At this point, Jill families to the school to discuss that again, but someone's teachers Xiongmou Ling has been missing, was made to the local police station. July 2, the police station to mediate between the parties, the parties can not reach agreement. July 24, Jill taken to court,[link widoczny dla zalogowanych], requesting an order the defendant to pay the plaintiff compensation for personal injury school section 64794.96 yuan (disability compensation 53,794.96 yuan, 10,000 yuan in emotional, treatment costs 300 yuan, disability evaluation fee of 700 yuan) , take the case by the defendant's litigation costs the school. Missing school teacher refused to accept responsibility for the trial, Jill confirm Xiongmou Ling teacher has paid its pre-medical expenses of about 6,000 yuan. Forensic submissions show,[link widoczny dla zalogowanych], Jill right due to trauma caused by traumatic tympanic membrane, right ear hearing loss, constitutes a minor. Because Xiongmou Ling has disappeared, Jill requiring schools to take responsibility. However, Zhongshan City, the private school argues that Jill is no evidence to prove their injuries caused the school system. Plaintiffs called on October 28,[link widoczny dla zalogowanych], 2011 at the school by the teacher and wounded ear, but after a lapse of more than a month,[url=http:/www.louboutinenlignemfrance.com]louboutin[/url], resulting in the defendant school unable to investigate the whole incident clearly facts. Therefore,[link widoczny dla zalogowanych], in this case the accident has nothing to do with the defendant school. In addition, the school provides evidence that the plaintiff can not prove it was due to injuries caused by the accident, can not determine whether the plaintiff's injury early ear injury, or whether the plaintiff has a congenital ear injuries. More importantly, the school that the case is a direct infringer is a bear, Liu two teachers, tort actions are not performing their duties, the person shall be liable for direct infringement, the defendant schools do not assume corresponding responsibility. Court management responsibilities Zhongshan School unfinished second court, after hearing that Jill propositions have been Xiongmou Ling teacher beaten disability caused by the fact that ten established. Under the "Tort Liability Act," Article 39 of "limited capacity for civil conduct in school or other educational institution,[link widoczny dla zalogowanych], subject to physical damage during life, school or other educational institution entirely to education, management responsibilities,[link widoczny dla zalogowanych], should responsibility "requirement, the defendant schools bear the relevant civil liability. Then the court sentence the defendant to the plaintiff, Zhongshan City,[link widoczny dla zalogowanych], a school Jill pay disability compensation,[link widoczny dla zalogowanych], the spirit of solatium, treatment costs and disability assessment fees totaling 64,494.96 yuan.
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