Civil Judgment of the People's Court of Luoyang High-tech Industrial Development Zone
(2003) Luo Kaimin Zi Chu No.3
Plaintiff Li, female, 1966, Han nationality, a farmer in Qiaogou Village, Sunqitun Township, lives at No.34, Group 3 of the village.
Entrusted agent: Guo Zhiguo, lawyer of Luoyang Legal Aid Center.
Defendant Sun Qitun Township Qiaogou Village Committee.
Deputy Shen, director of the villagers' committee.
Authorized Agent: Wang Zhenyang, lawyer of Luoyang Daxin Law Firm.
Defendant Luoyang No.2 Automobile Transportation Company.
Legal representative Zhu Zhengze, general manager.
Entrusted agent: Guo Jian, secretary of the 13th branch of the company.
Authorized Agent: Secretary, cadre of the 13th branch of this company.
Defendant Liu Chengxuan, male,1born on September 26th, 962, Han nationality, an employee of Yiyang County Transportation Management Office, lives in our office.
Authorized Agent: Yao Hui, lawyer of Luoyang Jinhui Law Firm.
The third person, Li Zhiqiang, male,1born on July 29th, 970, Han nationality, is a farmer in Qiaogou Village, Sunqitun Township, and lives in Group 4 of the village.
Li v. Sun Qitun Rural Qiaogou Village Committee (hereinafter referred to as the village committee) and Luoyang Second Automobile Transportation Company (hereinafter referred to as the second transportation company). After the case was accepted, a court was formed according to law, with Liu as the defendant and Li Zhiqiang as the third person, and the case was heard in public. Li, the plaintiff; Guo Zhiguo, the entrusted agent; Wang Zhenyang, the entrusted agent of the defendant's village committee; and Guo Jianyang, the entrusted agent of the Second Transportation Company. This court has now concluded the trial.
Li, the plaintiff, claimed that at 2 o'clock in the afternoon of June 5438+10/October 2, 2002, when I was picking up old bricks at the garbage dump opened in Tuqiaogou Village, the garbage dumped by the No.5 garbage dump injured the C-29345 truck of the Second Transportation Company, and was sent to the hospital for emergency treatment. Later, I was identified as grade 8 disability by Luoyang Forensic Medicine Society, and I was partially disabled. As the manager of the garbage dump, the village Committee failed to fulfill its management obligations. Let the vehicle dump garbage without ensuring the safety of others, causing personal injury. When dumping garbage, Yu C-29345 caused damage to me, and I ran away without observing the surroundings, and I was jointly and severally liable for the damage results. It is requested that the second defendant be ordered to compensate for medical expenses of 3,348.69 yuan, lost time 155 1 yuan, nursing expenses 220 yuan, hospital food allowance 200 yuan, nutrition expenses 1800 yuan, transportation expenses 50 yuan, continuing treatment expenses of 4,000 yuan, living allowance 16056 yuan and indirect victim support.
The defendant's village Committee argued that the plaintiff claimed that he was injured while picking up old bricks in the garbage dump opened by the village Committee, which was inconsistent with the facts. The defendant has never driven any garbage dump in the village. The plaintiff claimed that the village committee, as the manager of the garbage dump, failed to fulfill its management obligations and had no factual and legal basis. The fourth village group wanted to use garbage to build roads on its land, so it entrusted Li Zhiqiang, a villager in this village, to be responsible for it. The two sides signed an agreement. The defendant is neither a party to the contract, nor a statutory or agreed obligation for the daily management of the site, nor should it
The defendant eryun company argued that Yu C-29345 was affiliated with our company, and the company should not bear civil liability. When taking out the garbage, the car is backed up by the garbage dump manager. If there is no fault, it should not bear civil liability. The victim is responsible for the damage results and should bear corresponding responsibilities. The garbage dump should be responsible for other compensation.
Defendant Liu Chengxuan argued that my car was introduced to transport garbage, and the garbage dump was backed by management personnel. After the accident, the car did not escape from the scene, and the plaintiff should bear the main responsibility for the accident, and the compensation should be shared by the plaintiff and the garbage dump.
The third person, Li Zhiqiang, stated: On June 30th, 2006, an agreement was signed with Group 4, and I contracted to manage the garbage dump. The term of the contract is two months. Because the fees charged can't maintain normal expenses, I have asked to cancel the contract many times. On February 30, 65438, I was detained by the public security organs, and the management right was recovered by the village after the contract expired.
It was found through trial that in 200 1 year, in order to solve the problem of three groups of students going to school in the village, the defendant's village Committee decided to build dams on both sides of three groups of ditches and four groups of ditches, and entrusted four groups of villagers to repair the dams. 200 1 110/month1,the fourth villagers' group signed a standardized management contract with Li Zhiqiang on building dams with garbage. The contract stipulates: "1.Party A (the fourth villagers' group) is responsible for the site and location, and Party B (. 2. For the benefit of both parties, Party B shall make a down payment of 65,438+000 yuan from the first month and pay 300 yuan every month from the second month. If both parties are not at fault, the contract can be renewed, and it will be decided by the team Committee and the contractor after two months. Three, such as in the process of contract execution, when the interests of both parties are damaged, there is (by) the village committee and the branch mediation; 4. This contract shall come into effect as of the date of signing. " Spark, the leader of the fourth village group, signed a contract with Yu 2001101. The village Committee stated in the contract that "all garbage vehicles are concentrated in four groups of garbage points and shall not be dumped indiscriminately. Offenders clean up, fine 200 yuan, and the garbage contractor is responsible for (this) clause. " And affix the official seal of the village Committee. Since then, Li Zhiqiang has been specifically responsible for the implementation of garbage dam construction. 200 1 1 1 20, the village Committee issued a notice, the main content of which is that according to the instructions of the superior, our village has made important arrangements for the villagers' road planning. In order to solve the problem of three groups of students going to school, the village decided to build dams on both sides of three or four groups of ditches, and set up two village committees to study the removal of trees at the bottom of ditches and on both sides of old houses. All the old houses and buildings will be demolished within one month. 200 1 12.30, the village committee wrote the Report on Building Roads by Filling Ditches with Construction Waste to the District Construction Management Bureau, and the Third Squadron of the Urban Construction Supervision Brigade of Luoyang High-tech Industrial Development Zone signed the report and stamped the squadron seal, indicating "12.30".
At 2 o'clock in the afternoon of June 5438 +20021October 2, the plaintiff Li went to the bottom of the garbage dump run by Tuqiaogou Village to pick up old bricks. Defendant Liu Chengxuan called the second transportation company Yu c-29345 dump truck to transport construction waste to the garbage dump. After the truck arrived at the garbage dump, the garbage dump manager instructed her to reverse the car and take out the garbage. Li, the plaintiff, picked up old bricks in the construction waste near the garbage dump and suffered a head injury. The discharge diagnosis was "1 concussion; ② Fracture of the right temporal bone; Secondary cerebrospinal fluid otorrhea; 4 mouth askew. It is recommended to rest for two months. " At the same time, an accompanying certificate was issued to prove that Li had accompanied them during their hospitalization. After leaving the hospital, Li spent another 254 yuan on medical expenses. So far, Li has spent 3348.69 yuan on medical expenses. On September 25th, 2002, Luoyang Legal Aid Center entrusted Luoyang Institute of Forensic Medicine to identify Li Ling's real degree of disability and the cost of later treatment. On June 5438+1October 65438+April, 2002, the appraisal conclusion was "Li Ling's real disability level was 8, and the later treatment cost was 4,000 yuan." Li spent the 320 yuan appraisal fee.
It is also found that the per capita income of farmers in Luoyang city in 200 1 year is 2007 yuan. According to the facts of this case, Liu was added as the defendant in this case, and Li Zhiqiang participated in the proceedings as the third person.
In our opinion, the standardized management contracts on garbage dam-building signed by the fourth villagers' group in Tuqiaogou Village and Li Zhiqiang expired on 200 1, 12 and 3 1, and the two sides did not sign a new contract, which should be regarded as the completion of both parties' contracts, but the fourth villagers' group did not grasp the main information on the management of garbage dam-building affairs of the two villagers' groups in the village. The village committee also made a special report to the relevant departments, asking for approval of using garbage to build roads and dams, which should be recognized by the village committee, so the rights and obligations arising therefrom should be enjoyed and borne by the village committee. Li, the plaintiff, has full capacity for civil conduct, and should know that cars dump garbage at any time, and picking up old bricks at the garbage dump has certain fault responsibility for the damage caused to himself. The management personnel appointed by the village committee shall, after the vehicles transporting and managing garbage enter the garbage dump, direct the vehicles to reverse and dump garbage, and fail to isolate all the scavengers at the scene, and shall be liable for compensation for the damage caused to the plaintiff. Liu Chengxuan, the driver of the defendant's garbage transportation, failed to remind the garbage dump management personnel to observe the surrounding situation when the vehicle arrived at the garbage dump, and he was liable for the plaintiff's damage results. When the contract between the third person, Li Zhiqiang, and the fourth villager group expires and the village committee fails to provide evidence to prove the accident, the garbage dump is still managed by Li Zhiqiang, and Li Zhiqiang will not be liable for compensation. Plaintiff Li's claim for disability compensation is obviously too high, and there is no evidence to claim compensation for indirect victims' transportation expenses and education expenses, which our court does not support. The amount of compensation liability is determined according to their respective fault degree and local living standard. Therefore, in accordance with the provisions of Articles 106, 119 and 131 of the General Principles of the Civil Law of People's Republic of China (PRC), after deliberation by the collegial panel, the verdict is as follows:
1. Li's medical expenses are 3,348.69 yuan, lost time expenses are 440 yuan, nursing expenses are 220 yuan, hospital food subsidies are 200 yuan, nutrition expenses are 100 yuan, continuing treatment expenses are 4,000 yuan, living allowance is 12042 yuan, indirect victims' consolation money is 2,408.4 yuan, and disability pension expenses are 5,000 yuan. The total amount is 28,079.09 yuan, of which Li accounts for 40% of the total amount11.64 yuan, the village committee accounts for 50% of the total amount 14039.55 yuan, and Liu Chengxuan accounts for 10% of the total amount of 2,807.9 yuan. The second transportation company shall be jointly and severally liable for Liu Chengxuan's burden.
2. This judgment shall be executed within 10 days after it comes into effect.
The legal costs of this case are 3 1, 2 1 yuan, which is borne by Li, 200 yuan and the village committee, and 32 1 yuan by 600 yuan and Liu Chengxuan.
If you refuse to accept this judgment, you can submit the original appeal within 15 days from the date of receiving this judgment, and submit copies according to the number of the other parties, and appeal to the Intermediate People's Court of Luoyang City, Henan Province.
Presiding judge Wu
Judge Su Jinfeng
Acting Judge Liu Yong
May 30th, two years.
Clerk Zhu Zhengyang
Editor Wang Lin