last year on May 2, zhengzhou doctor Yang Huan due to dissuade Duan Xiaoli smoke in the elevator, two people arguing. More than ten minutes later, the 69 – year – old Duan Xiaoli heart attack deaths. Duan Xiaoli wife tian nine LAN to the court, then ask Yang Huan compensation more than 40, ten thousand yuan. Court of first instance verdict, Yang Huan compensation of 15000 yuan to the families of the dead. Tian nine will appeal the decision to appeal. Yesterday, in the case of zhengzhou public, then the second court to cancel the request Yang Huan compensated the families of the dead 15000 yuan of civil judgment; Rejected tian nine of his claims.
surveillance video shows that Yang Huan and Duan Xiaoli continue to argue at the gate of the property management office. Video capture
the old man died after the elevator is discouraged, zhengzhou then withdraw dissuade compensation of 15000 yuan the first-instance judgment; The family refused to dissuade people donated
last year on May 2, zhengzhou doctor Yang Huan due to dissuade Duan Xiaoli smoke in the elevator, two people arguing. More than ten minutes later, the 69 – year – old Duan Xiaoli heart attack deaths. Duan Xiaoli wife tian nine LAN to the court, then ask Yang Huan compensation more than 40, ten thousand yuan. Court of first instance verdict, Yang Huan compensation of 15000 yuan to the families of the dead. Tian nine will appeal the decision to appeal.
yesterday, in the case of zhengzhou public, then the second court to cancel the request Yang Huan compensated the families of the dead 15000 yuan of civil judgment; Rejected tian nine of his claims. Yang Huan told the Beijing news reporter, out of pity and regret, to the families of the dead to donate 10000 yuan, but for this kind of the behavior of smoking in public places, & other; The reminder to remind, the persuasion have to persuade & throughout; . The family has said it is hard to understand, the verdict will not accept Yang Huan donation.
elevator smoking is discouraging the old man died suddenly
last year on May 2, Duan Xiaoli and Yang Huan successively into one small area of the elevator of jinshui district of zhengzhou city. Because Duan Xiaoli smoke in the elevator, two people words.
police interrogation record mentioned Yang Huan, according to the day he from the district 14 floor elevator, the staircase to take delivery. After entering the elevator cars, see an old man (Duan Xiaoli) in smoking. & other; I said, & lsquo; The old man, smoking is bad to the body, and space is closed elevator & rsquo; . Throughout the &;
surveillance video shows that on the day of September 24 minute 03 seconds, Duan Xiaoli smoking inside the elevator, 4 seconds, Yang Huan entered the elevator, press the negative on the first floor the elevator button.
then, the two sides began to have a language exchange. The elevator to the first floor, Yang Huan press the open button, Duan Xiaoli not out of the elevator. The elevator to negative on the first floor, two people continue to dialogue. Duan Xiaoli Yang Huan walked to the elevator’s door in the elevator door, there is still a dispute on both sides. Then Yang Huan back into the elevator, press the button on the ground floor.
surveillance video shows that 9 26 minutes and 24 seconds, when two people walk out of the elevator. Two minutes later, they walked to the door of the unit. Duan Xiaoli relatively passion, Yang Huan is cool. September 29 points of 06 seconds, two people to the property management office, until now, Duan Xiaoli cigarettes has not been extinguished.
property office doorway surveillance video shows that Duan Xiaoli excited, after property staff out of the office, the more excited mood, talking while Yang huan near. Two minutes later, be advised Yang Huan, Duan Xiaoli are advised to property management office.
it didn’t take long, Duan Xiaoli suddenly fall on the ground. A certificate issued by the emergency center, according to the emergency personnel arrived, Duan Xiaoli loss of consciousness, no change after the illness, electrocardiogram (ecg) in cardiac arrest, with all my heart, announced the clinical death.
the first-instance judgment to withdraw dissuade commuted without accountability
Duan Xiaoli wife tian nine LAN will Yang Huan appealed to the court, ask its recoup the death compensation, etc. A total of more than 40, ten thousand yuan.
on September 4, 2017, the court made the first-instance judgment of jinshui district, zhengzhou city, cognizance Yang Huan behavior and Duan Xiaoli death is no causal relationship between, but Duan Xiaoli does in a verbal argument with Yang Huan after the sudden death. In accordance with the provisions of the tort liability law related, the victim and the offender without fault for causing the damage, according to the actual situation by both parties to share the loss, ruling Yang Huan compensation of 15000 yuan to the families of the dead. Field of nine balaam refuses to accept the first-instance judgment, the appeal to the zhengzhou city then.
then to find out in zhengzhou city, surveillance video shows events occurred in the process, Duan Xiaoli mood is excited, Yang Huan relatively calm, exercise restraint; Only two language exchange, without pulling behavior, no body conflict. By the calculation, three sections in the surveillance video shows two people contact length less than 5 minutes.
then think, zhengzhou city, Yang Huan dissuade Duan Xiaoli smoking behavior in the elevator is not beyond the limits of necessity, belongs to the legitimate, no violation Duan Xiaoli life intentionally or negligently, itself does not cause Duan Xiaoli death results. Duan Xiaoli suffering from heart disease, in the case of failing to control their own emotions, heart disease death. Therefore Yang Huan not bear tort liability. The first-instance judgment Yang Huan compensated the families of 15000 yuan, belong to the application of law.
in addition, according to the relevant provisions of the zhengzhou city all kinds of public transport, elevator etc. Smoking is forbidden in public places, citizens have the right to stop the smokers smoke of banning smoking in public places. Yang Huan to Duan Xiaoli smoke in the elevator to dissuade legally, is consciously safeguard the social public order and the behavior of public interest, the first-instance judgment to judge its share the loss, discourage smoking for exercising the rights of civil compensation responsibility, will affect the enthusiasm of citizens in accordance with the law, safeguard social public interests, both the damage to the social and public interests, also conflicts with the legislative purpose of civil law, is not conducive to promoting social civilization, is not conducive to guide the public to create a good public environment.
then sentenced, zhengzhou city, undo the first-instance judgment, rejected tian nine of his claims.