Chapter 86: A Surprising Ruling
Zou Meilian took the tissue and nodded gratefully at Li Chao.
The judge continued to explain whether he supported the arguments of both sides, "The plaintiff has lived in Shenpeng for three consecutive years, and his request for disability compensation to be calculated according to the standard of Shenpeng Chen Zhen residents is supported by this court. ”
Director Hu pursed his lips helplessly, and complained depressedly: "I have to pay more than 100,000 yuan." ”
"Although plaintiff Zou Meilian's ** rectal impotence has been cured, the consequences of the operation form anal impotence, the damage is located in the private parts of the human body, and the damage consequences will bring long-term and greater adverse effects to the plaintiff's production and life, so the plaintiff's mental injury solatium of 50,000 yuan is based on the law, and this court supports it!"
When Zhang Lianghan heard this, he couldn't help but clench his fists again. He was mentally prepared that most of the plaintiff Zou Meilian's claims would be upheld by the court, but he believed that the court would definitely not support Zou Meilian's excessively high solatium for moral damages.
But now, the collegial panel has unequivocally expressed its support for the 50,000 yuan moral injury solatium. This also means that Zhang Lianghan was completely defeated in Zou Meilian's various appeals and did not win any compensation items. Zhang Lianghan felt very unwilling in his heart.
When Zou Meilian and Deng Zhihui heard this, they couldn't help but breathe a sigh of relief, and then looked at Li Chao gratefully. Originally, they just wanted to ask the hospital to show a little, if the hospital didn't ignore it at all and forcibly drive them away, and give them some money if they were a little kind, the kind and honest little couple would forget it.
Hospital X even let out a message, "Go and sue you!" There is a saying in Deng Zhihui's hometown that if you win the lawsuit, you lose the money.
They were worried that they would not be able to afford a lawyer, but they didn't expect Li Chao to only charge them 3,000 yuan as an agency fee. They were worried that the claim would not be more than a few dollars, but they did not expect that the court would support their legal claim, and the losses would be more than 200,000 yuan.
For the first time, the young couple felt the power of the law and the fairness and justice of the rule of law. So he spontaneously expressed his gratitude to Li Chao.
Li Chao smiled at the two of them and said softly: "This is your legal loss, and the law will definitely protect it." ”
Zhang Lianghan glanced at the smiling Li Chao, but he was secretly looking forward to it in his heart, "Hurry up to the sexual blessing part." ”
Clearly, it is unlikely that the courts will uphold a sexual welfare lawsuit. Zhang Lianghan's chance to turn the tables is at this point!
"Regarding the plaintiff Deng Zhihui's claim for compensation for sexual blessings......" Speaking of this, the presiding judge paused slightly.
Zou Meilian hurriedly stopped her tears, for fear that the sobbing sound would affect her hearing. Deng Zhihui also raised his head nervously and looked at the judge.
Li Chaolang looked directly at the judge with a look of determination in his eyes, and his heart was calm. When the verdict was about to be announced, Li Chao had expected all kinds of results, and regardless of whether the court supported the sexual welfare lawsuit or not, he bravely spoke for the majority of victims.
I believe that this case will spark a discussion, and more and more people will attach importance to sexual blessings, and more and more people will call for the protection of sexual blessings.
Zhang Lianghan clenched his fists tightly, his teeth unconsciously bit his lower lip, the whole person leaned forward in an arched shape, his two eyes stared at the judge, his heart was like a drum, thumping and pounding, and even the sweat on his forehead kept oozing out, and he didn't care to wipe it.
Director Hu also looked expectant and nervous, and a pair of fish-like white eyes stared at the judge without turning.
For a while, there was not a single murmur in the courtroom, and everyone looked at the presiding judge, waiting for his verdict to be announced.
The presiding judge's majestic voice broke the solemn atmosphere, "This case is a medical injury liability dispute case, while sexual welfare compensation is a tort liability dispute, and the two are different in terms of the choice of cause of action, the direction of litigation, the focus of the trial, the direction of proof and responsibility. A case can only hear one legal relationship, and this case is only responsible for hearing the dispute over liability for medical damages, and has no right to make a trial ruling on the compensation for sexual welfare, so the plaintiff Deng Zhihui's request for compensation for sexual welfare is not supported! ”
As soon as the presiding judge's words fell, Zhang Lianghan showed a knowing smile, sat up straight, and his fist-like hands couldn't help but shake in front of his chest, forcibly suppressing the joy in his heart, so he didn't cheer immediately.
"Hey, hey! Lao Zai, it's wishful thinking, the court doesn't care about it at all! Director Hu smiled like a chrysanthemum blooming on his face, and cursed in a low voice.
Zou Meilian was stunned, and the sexual blessing was not tried like this. There is no explanation for her shameful injury, and Zou Meilian feels really unwilling and depressed.
Deng Zhihui looked directly at the presiding judge, without words, to be honest, although he felt very shy during the trial, but when the court really ignored his appeal, he felt a deep sense of loss.
When Li Chao wrote down the three words of sexual blessings, Deng Zhihui felt that these three words aptly expressed his inner thoughts.
was originally a perfect and flawless wife, but when she went to the hospital, there were more indecent holes in her private parts, and to be honest, Deng Zhihui's heart was difficult to accept.
Deng Zhihui could only complain about the impermanence of fate at first, lamenting his bad luck, but Li Chao sued him that he could also defend his rights and ask for compensation for that hole.
Deng Zhihui was moved, he was not moved by money, but because he was happy and comfortable that he could ask for an explanation, and found a direction to vent the depression in his heart.
Unexpectedly, the judge did not review the compensation for sexual welfare at all, which was a huge blow to Deng Zhihui.
Li Chao was still sitting upright in his chair, with a look of determination in his eyes. He has plans for all kinds of results, and although such a result is unexpected, Li Chao is not too surprised.
Previously, Li Chao imagined that the court would directly determine that sexual welfare did not exist, or directly explain that there was no corresponding provision and would not support it, so as to reject Deng Zhihui's claim for compensation for sexual welfare.
However, Li Chao still underestimated the cleverness and wisdom of the court, and the collegial panel did not evaluate sexual welfare directly, but directly started from the cause of action, and directly set aside the request for compensation for sexual welfare according to the principle of one legal relationship per case.
In this way, the court does not have to respond positively to the difficult problem of sexual welfare, and the result of the trial is impeccable, which is really a clever Tai Chi technique. Unfortunately, the court has taken a conservative approach to sexual welfare litigation.
"Accordingly, in accordance with Articles 16 and 54 of the Huaxia Tort Liability Law, Article 4, Paragraph 1, Item (8) of the Supreme People's Court's Several Provisions on Evidence in Civil Proceedings, the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, and Articles 8 and 10 of the Supreme People's Court's Interpretation of Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts, the judgment is as follows: ......"
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