road accident

Once late, so working in luzhai Webster County couple regret it forever: Because there is no time to get to school, after a six-year-old daughter home alone after school, when the result was hit by a train crossing the railway unfortunately, died. After the tragedy,outlet moncler, Webster couple to the railway sector claims, into a "same fate is the same price," the dispute

Tragedy Playback

Year-old girls home alone

Hit and killed crossing railway

Mr. Wei's account in LUZHAI Walled shazhen, his wife four rows of townships in the county of origin, both working for many years to luzhai county,air max pas cher, the county Wei's wife also put a fruit stand. October 2007 daughter (a pseudonym) 6 years old, they put her to an elementary school reading preschool. Because Xiao Hui is the only female, Webster couple love with Canada,outlet moncler, from school to school every day to get to school, pick-up, for fear of any mishap.

However, still out of the accident. November 7, 2007 the morning after school, turn Wei's wife went to school to pick her daughter. Since the day of Wei's wife was busy business at hand, not on time to the school to pick . According to the insider,hogan outlet, Xiaohui did not see their parents, then returned home. Train journey home through the abatis, do not know why,abercrombie pas cher,http://zazna.com/selection/index.php?item/create_form/1, alone across the railroad tracks; in this case the train station stops ringing whistle, estimated to be frightened, when preparing a set of railroad tracks across quickly returned. As a result, another set of railroad tracks behind her - from Nanning,http://www.ilikearabic.com/index.php?option=com_community&view=profile&userid=47259, Guilin N722 bound intercity train fast approaching. Train driver saw the tracks, to take urgent measures to stop immediately. Unfortunately, when the train reached 117 kilometers per hour,http://cybfw.com/home.php?mod=space&uid=228237, the train was unable to stop the powerful inertia leads immediately glide process will knocked on the track, died on the spot.

Wei's wife ended the job at hand, rushed to the school,http://kunkua.com/read.php?tid=26462&ds=1, found to have no daughter figure. She is also the school's students asked, no one can say Xiaohui whereabouts.

Wei's wife find him his daughter,moncler milano, saw the train station to go home after a group of people gathered together talking about. Some people say: train killed a person! Wei's wife listen to bad words, immediately called her husband and asked him if he had gone to school to pick up her daughter. After a negative answer, Wei's wife was kept inside to squeeze through the crowd, looking at the tragedy as suddenly collapse ......

Court battle

If there is no fault railway

Compensation for the same price whether the same fate

After the tragedy, the railway sector organizations relevant personnel to investigate. Webster couple, find luzhai Station and the Liuzhou Railway Bureau (now renamed the Nanning Railway Bureau),moncler piumini, claiming compensation for death, funeral expenses, moral damages solatium 25.8 million yuan. Negotiations between the two sides has yet to result,piumino moncler, Webster couple then sued the local court.

September 2008, before the court case. Nanning Railway Bureau and LUZHAI train station insisted that no one's fault, and pointed out that the station is prohibited Xianzarenyuan enter the place. In addition, road accident,http://www.cecyteo.edu.mx/site/index.php, the railway department set up warning signs and barriers, have tried to guard duty, Xiaohui's death is completely unfinished guardianship of their parents lead. Railway also made it clear that although the county workers Webster couple is still rural household,piumini moncler, should also belong to the rural household, even if compensation can only be calculated according to standards in rural areas, can not be calculated by city standards.

Webster couple appointed lawyer Lifa Xiang pointed out that section of the incident certainly has a warning label and a fence, but both sides of the railway neighborhoods, residents turn to climb the railing near the railroad crossing has been a day; Xiaohui are young children,http://ftpmjtxw.synddos.com/thread-418721-1-1.html, yet be free out of the station,moncler milano, the station visible loopholes in safety management, therefore knocked death issue, there is a fault of the railway sector.

Lee also issued a luzhai County Hospital to provide medical proof of birth , Webster couple in the county rent agreement, noting from birth to school has been living in luzhai county, Webster couple also lived in the county for many years, have a steady job and a stable income, consumer spending in the town, in full compliance with the consumption characteristics of urban residents,http://www.chrisadamsperfumes.com/index.php?item/create_form/1, from the production and consumption of urban residents have been equivalent. According to China's "Civil Law" and the Supreme Court "on the implementation of opinions on some issues," the relevant provisions of the railway sector should be the standard of urban residents, the costs of compensation after death.

Court of First Instance

Assume responsibility for rail four percent

Compensation in accordance with town standards

LUZHAI Court held that, are minors, their parents not entirely care obligations, should bear 60 percent responsibility; luzhai train station, although set up warning signs and barriers, but failed to provide evidence that they have taken adequate and effective security management and prevention measures should bear 40 percent responsibility. Because luzhai train station does not have separate legal personality, by its parent department Nanning Railway Bureau liability. Meanwhile, although agriculture accounts, but there is evidence that since its birth has been living since learning luzhai county, death compensation, mutatis mutandis,http://club.85383838.com/home.php?mod=spacecp&ac=blog&blogid=/home.php,tn pas cher, per capita disposable income of urban residents standard calculations.

January 19 this year, LUZHAI court adopted the views of Lifa Xiang proxy solicitor verdict compensation for the loss of Nanning Railway Bureau Webster couple compensation for death,louboutin, funeral expenses and other mental solatium and 8.6 million yuan.