Chapter 35

Jane stayed at home for a long time, and she was about to get moldy when she stayed at home. I heard that Li Yanan had a case to fight tomorrow, so he begged Li Yanan to take her to audit.

He Yan'an was unwilling, but he really couldn't resist her thick-skinnedness.

The courtroom is really a serious place, and most of the people who come in and out are expressionless and unsmiling.

Li Yanan was dressed in a dark and solemn black suit, and his whole aura was much colder.

Jian Yi learned the basic situation of the case from Li Yan'an, Li Yan'an's client is a lady in her thirties, who went to the confinement center for confinement after giving birth, and originally wanted to go to the confinement center to recover herself after giving birth, but who knew that the confinement lady who came to take care of the child got a cold and transmitted the virus to the child, and the child had a runny nose and cough, and got pneumonia on the sixteenth day of birth, which caused an irregular heartbeat. The client asked the confinement center for an explanation, but the confinement center ignored it and had a bad attitude. The client was angry and took the confinement center to court.

At the beginning of the trial, the judge announces the court discipline and explains the rights and obligations of the parties to both parties.

End of cross-examination.

Li Yan'an, as the plaintiff, and the confinement center, as the defendant, began to reply.

The defence lawyer was a woman who looked to be in her 35 or 6 years old, she was wearing a black suit, her ponytail was tied very tightly, and she had a lot of hair, but she could see a white scalp.

In Jianyi's opinion, in addition to the judge, the defendant's lawyer is the most serious and rigid one.

She is not smiling, she argues sharply in court, and she hits the nail on the head as soon as she comes up.

"According to the discharge record of the infant from the Children's Hospital affiliated to the Institute of Pediatrics, the baby's premature rupture of membranes was 15 hours, and based on the above evidence, it is proved that the objective fact of premature rupture of membranes does exist. In the appellant's appeal, the appellant provided a medical article to prove that the main cause of the appellant's daughter's pneumonia was premature rupture of membranes, not the confinement lady's cold infection. ”

Premature rupture of membranes, the meaning of this noun is known to Jane. When her mother gave birth to her, she had premature rupture of membranes. Premature rupture of membranes refers to the spontaneous rupture of membranes before labor and is the most common complication in the perinatal period, causing preterm birth, umbilical cord prolapse, and maternal and infant infections. It is also predisposed to cause neonatal aspiration pneumonia.

Jian Yi nodded secretly, the defendant's argument was very convincing, and he didn't know how Brother Yan An's rebuttal would be.

The corners of Li Yan'an's mouth rose slightly, he had expected that the defense would argue from this aspect. I didn't think about rebuttal right away.

"The child was born in the hospital in good health, and the discharge certificate provided at the hospital can prove it."

Li Yanan found the loophole and acted resolutely. "The child was in good health when he was admitted to the confinement center, and after the confinement lady caught a cold, the child had a cold and cough within two days and caused pneumonia, and there was a certain causal relationship between the child's illness and the pneumonia caused by the confinement sister's cold."

Li Yan'an has clear logic and strong thinking, and he has been as stable as Mount Tai from the beginning of the trial to the present.

"As a confinement center, since the mother and child care is open, after learning that the confinement lady has a cold, measures should be taken immediately to replace it."

The defendant's lawyer was not left behind, "After knowing that the confinement lady had a cold, it was not that the company did not change the confinement lady, but the customer decided that the company had fulfilled its obligation to inform and suggested that the customer should replace the confinement lady, and the customer's right to choose should not be borne by the company for breach of contract." ”

In other words, the confinement center still replaced the confinement lady in time after learning that the confinement lady had a cold, did the client choose not to change it?

Jian Yi's heart jumped suddenly, and she didn't know if Li Yan'an knew about this situation. If you know, don't you know how to shoot yourself in the foot?

She looked at Li Yan'an worriedly, he was still standing there unhurriedly, his body straight, and his face was impassive.

His eyes looked at the defendant's lawyer, "The client made a verbal agreement with the confinement center to let the confinement lady Wang take care of her, but on the day she checked into the confinement center, she found out that the confinement lady was not the one agreed. ”

Jian Yi suddenly realized, it turned out that this was the key.

From the trial to the present, Li Yanan has completely taken off the script, and he has not even glanced at the materials he has prepared.

"I would like to ask the defendant whether he has conducted a medical examination on the confinement lady and whether there are any clear records."

"Inspected, but not clearly recorded."

From this point of view, Li Yanan has the advantage again.

Li Yanan has done a lot of evidence collection and investigation in private, and he is 100% sure of the success of the case.

"As far as I know, the customers of the confinement center are not fixed, in order to maximize profits, the confinement center has customers who are temporarily dispatched from outside, and the confinement center works back and forth in several confinement centers, and the confinement center and the confinement lady sign a labor contract, not a labor contract."

In the end, he was killed with one blow, "The confinement center mismanaged the confinement lady, which caused the designated Wang to be replaced with a cold confinement lady, and the child had neonatal pneumonia and caused heart disease." ”

"The confinement center already provides this service, and the sick person cannot be allowed to take care of the child, and there is a responsibility for care and care, and it should be responsible. In addition to having the necessary professionals, equipment, and places, it is also necessary to fulfill a more appropriate duty of care and a better standard of safety and security obligations. ”

Finally, it was concluded that "the confinement center should have professional qualifications, and its improper obligation has caused personal injury to the client's child, and violated the child's right to life, health, and body." ”

Li Yan'an has advanced layer by layer, covering all aspects, and the victory or defeat has been obvious by now.

Jane felt dazzled by herself, otherwise why was he glowing when she looked at him.

He turned suddenly, his gaze meeting her in mid-air, and he smiled confidently at her.

He also looks extremely good when he smiles, and the corners of his eyes and eyebrows are full of ups and downs of chic and confident.

She remembered the poem: I want to step on the stars in the nine heavens, and ride a horse to see all the Chang'an flowers.

With natural self-confidence, he has lived himself into a poem.

The client knew that he had won the lawsuit, so he had to invite Li Yanan and Jian Yi to dinner, but they politely declined.

It's hard to resist the hospitality, but neither of them likes to eat with strangers.

Li Yanan won the lawsuit and was in a good mood. Take Jane to eat beef hot pot.

In terms of eating, Li Yanan and Jian Yi are surprisingly good.

Two people ate a pound of beef, and also ordered crispy meat and duck intestines, and three vegetarian dishes.

The red soup in the pot is boiling violently, the bottom of the pot is numb and spicy, and the taste of a piece of beef is really refreshing.

Jane sighed without sighing, the life of eating hot pot is the life she dreamed of.

"Brother Yan'an." Jian Yisha snorted the duck intestines, "How did you come up with the idea of becoming a lawyer?" ”

Li Yan'an took a sip of tea, "When I was a child, I watched TV, and the lawsuit on TV was originally decided, but at a critical time, someone suddenly appeared and pulled out evidence, and the ending that had become a foregone conclusion was suddenly reversed." I saw the lawyers fighting back and forth, and I thought it was very cool and cool, so I wanted to be a lawyer when I grew up. ”

But he sadly discovered, "After becoming a lawyer, I realized that such a plot reversal in real life is impossible." ”

"Before the trial, the original defendant and the defendant will receive a notice from the court to present evidence, and there is a time limit for the presentation of evidence, and if the time limit is exceeded, it will not be recognized by the court, and the evidence will be suddenly presented during the trial, and if it is decisive and important to the case, it will be necessary to apply for the court's approval, and the time will not be until at least the next day."

"Therefore, it is impossible for someone on TV to suddenly come up with new evidence and the plot to be reversed. The screenwriter wrote it like this in order to make the story exciting. ”

It's really bitter that he was young and ignorant, blinded by the plot on TV, and only after becoming a lawyer did he know that the lawyer was not as beautiful as he imagined.