0036 solemn moment
On Monday morning, the People's Court of the new urban area held an open court hearing on the injury compensation case.
This is the first case represented by Li Yongheng. He received 1,500 yuan from the defendant as an agency fee and 500 yuan for transportation expenses.
Injury compensation is a very simple case, although the case is simple, but for novices, it is not an easy thing, Li Yongheng is in the public security police station, and he has not dealt with this kind of case, but it is all mediation. When both parties reach an agreement, the case can be closed, and when the other party disagrees, they can only be allowed to go to the court to sue.
The eternal agent in this case, the defendant Lao Zhang.
The plaintiff sued the defendant for medical expenses, lost work expenses, transportation expenses, appraisal fees, and mental damages, totaling RMB 25,833.37.
The strategy discussed by Li Yongheng and the defendant was to minimize the other party's various losses and expenses, refute the other party's evidence and claims as much as possible, and strive to get the court to dismiss the lawsuit.
After a lot of investigation and questioning many witnesses, he had a clear idea of the case, and he felt that the probability of winning the case should be more than 80%.
"Now the court is open." As the judge's gavel fell, the judge's sonorous voice announced the opening of the courtroom, and the courtroom entered a solemn moment.
Li Yongheng sat next to the defendant, and they were in the defendant's dock,
The clerk read out the list of participants in the proceedings, announced the court's discipline, read out the list of members of the collegial panel, and asked the parties whether they had applied for recusal.
These are all trial procedures that must be conducted in accordance with the law.
"Now the plaintiff reads out the complaint and states the reasons for the lawsuit." The judge's loud voice rose again, and the courtroom entered the trial process.
Li Yongheng listened to the plaintiff's lawsuit and pondered, how to refute the other party's reasons next?
After the plaintiff read out the complaint, the plaintiff supplemented its claim and added compensation costs of RMB 15,835.88. There is no new evidence.
"Now the defendant reads out the reply and states the reasons for the defense." The judge's sonorous voice proclaimed the defendant's right to speak.
Li Yongheng began to read out the reply and cited new reasons for the defense, mainly for the additional compensation fee of the other party, and said that it was not within the scope of the trial of this case.
"Now the court investigation is conducted, and the plaintiff first presents the facts." The judge's loud voice controls the proceedings.
The plaintiff began to present the facts of the case.
The main statement is how the defendant was injured and hospitalized, and these statements are basically not supported by evidence.
Li Yongheng is ready to debate in detail with the other party in the cross-examination stage. When the other party speaks, they can only listen.
"Now it's up to the defendant to state the facts." The judge's loud voice gave the floor to the defense.
Li Yongheng asked the defendant himself to first state the facts of the case, and the defendant mainly stated that he did not attack the plaintiff and that the plaintiff's injuries were caused by himself.
Li Yongheng added that the other party accidentally fell and injured himself while repairing his house, and explained that there were photos as evidence.
"The plaintiff adduces evidence." The judge's sonorous voice announced the plaintiff's right to speak.
The plaintiff's attorney proceeded to adduce evidence:
The first piece of evidence is a set of witness statements, which are the transcripts of the parties at the police station, which Li Yongheng has read many times, and there is no evidence of physical contact above.
The second set of evidence is that the hospital's diagnosis and the plaintiff's treatment situation, Li Yongheng had long marked the medication that exceeded the treatment of the injury and illness.
The third set of evidence is a forensic medical certificate and some proof of transportation expenses.
Li Yongheng listened to the other party's evidence.
"The defendant cross-examined." The judge's sonorous voice announced the plaintiff's right to speak.
Regarding the first set of evidence, Li Yongheng expressed his opinion: these pieces of evidence from the other party cannot prove that the plaintiff's injuries were caused by the defendant. All the evidence can confirm that the two parties did not have physical contact when the quarrel occurred, and the other party's injuries could not have been caused by the defendant.
The second point is that on the issue of the other party's hospitalization, Li Yongheng advocated that the other party was responsible for all the treatment because he accidentally fell down in the rented house, and listed that the other party's medication in the treatment process far exceeded the scope of treating injuries and diseases, including the treatment of high blood pressure, diabetes, and even the treatment of gynecological diseases. It can be seen that the other party's evidence is false, and it can also be positive about the plaintiff's character.
During Li Yongheng's cross-examination, the defendant sitting next to him nodded again and again, indicating that he was very convinced. When he spoke of men taking medicine for women's illnesses, the jurors laughed.
"The defendant adduces evidence." The judge's sonorous voice announced the plaintiff's right to speak.
Li Yongheng took out a photo of the other party repairing his house and when he fell, which showed a ladder on the eaves in front of the plaintiff's house, the horizontal bar of one of the ladder's pedals was broken, and the plaintiff fell to the ground.
It was proved that the plaintiff's injuries were caused by an accidental fall while repairing his house.
The defendant shall not be held responsible and shall be liable for compensation.
"The plaintiff cross-examined." The judge's sonorous voice announced the plaintiff's right to speak.
In response to Li Yongheng's evidence, the plaintiff was so angry that his face turned blue, the corners of his mouth trembled, and he was speechless, and the plaintiff's agent only said one sentence, this photo is not the plaintiff's, and denied the authenticity of the photo.
"Now the court argument will begin, and the plaintiff will argue first." The judge's loud voice announced the plaintiff's right to speak.
Li Yongheng listened carefully, and quickly recorded the other party's opinions, looking for a breakthrough.
"In court debate, the defense will express its arguments." The plaintiff's right to speak was announced.
Li Yongheng expressed his arguments, mainly listing the existence of quarrels between the two parties, but they only scolded each other, and did not cause harm to others, and the plaintiff's injuries were caused by accidentally falling while repairing his house, which is clearly proved by photos. The defendant should not be held legally responsible and requested the court to dismiss the lawsuit.
"The parties make their final statements, and the plaintiff speaks first." The judge's sonorous voice announced the plaintiff's right to speak.
After the plaintiff finished speaking, the judge announced the defendant's right to speak: "The defendant makes a final statement. ”
"Ask the court to make a fair verdict." Li Yongheng made an acting speech.
"The plaintiff said it himself." The judge's loud voice rang out again, and he looked at the new lawyer, as if to say with his eyes, "You shouldn't speak."
Li Yongheng hurriedly asked the defendant to repeat what he had just said. I feel embarrassed myself.
"Plaintiff and defendant, you can agree to mediation." The judge's loud voice wants to start the mediation process.
"The plaintiff agreed to mediate."
"The defendant did not agree to mediation." Li Yongheng made it clear to the court that the defense did not agree to the willingness to adjust.
"Since the defendant did not agree to mediation, after the collegial panel deliberated, the verdict was announced on a later date and the trial was adjourned." The judge's sonorous voice ended the solemn moment of the court's session.