Two strangers, Li Mou and Peng Mou, quarreled. One party died after the quarrel. Should the other party be responsible for the quarrel? Reporters learned from the Peoples Court of Pengjiang District, Jiangmen City, 23 that the court recently heard the case of death from anger.
The court held that, considering the causes of the incident, the degree of fault between the two sides, causality and other factors, it was decided that Li Mous death loss was 97% of his own responsibility, Peng Mou was 3% of the responsibility, and Peng Mou was awarded compensation of about 18,000 yuan for Li Mous family. After the judgment, both parties shall appeal equally.
Two people had a quarrel over parking.
It is understood that Peng Mou and Li Mou did not know each other. On December 10, 2017, when Peng Mou sent his daughter to school, he found that a car was blocked in front of the garage door, which prevented them from driving away. Peng Mou then dialed 114 to notify the owner of the car to move. The owner of the car was the son-in-law of the deceased Li Mou. At that time, Li Mou witnessed the whole process of Peng Mous search for the owner. He did not contact the owner of the car when he knew it was his familys car. Peng Mou angrily had a quarrel with Li Mou.
According to the surveillance video collected from the public security organs, the quarrel lasted about 6 minutes, after which Peng Mou left the scene. After Peng Mou left, at noon on the same day, Li Mou vomited blood and was sent to the hospital by his son-in-law. On December 17, the same year, Li Mou died after repeated rescues. Li Mous medical record shows that he has suffered from hypertension for many years. Before the accident, he had repeatedly carried blood in sputum for two weeks.
In May 2018, Li Mous wife and daughter brought Peng Mou to court. Li Mous family complained that the dispute between Peng Mou and Li Mou lasted more than 20 minutes. There was a legal causal relationship between the death of Peng Mou and his behavior. Peng Mous tort and negligence in rescue were the direct causes of Li Mous death. They asked Peng Mou to bear 30% of the compensation for Li Mous death and loss, and the conversion cost was more than 200,000 yuan.
Judged the quarreler to pay about 18,000 yuan
The court held that in the case, Peng Mou and Li Mou did not know each other, did not know and had no reason to know whether Li Mou was ill or not, and the consequences of the death caused by the quarrel far exceeded the risk level that the parties could foresee at that time. Peng Mou subjectively did not pursue Li Mous death through quarrels, nor could he foresee that quarrels might lead to Li Mous death. General abuse will not cause death, but fierce quarrels will have a certain negative impact on the deterioration of the illness and mood changes, and Lis illness is easy to induce or aggravate the illness under emotional excitement.
According to the law, the victim and the actor are not at fault in the occurrence of the damage. According to the actual situation, the two parties can share the loss. When Peng Mou contradicted Li Mou in order to move the car, he failed to maintain restraint, which objectively led to Li Mous emotional overexcitement and aggravated Li Mous illness, which was the cause of Li Mous death, occasionally caused the occurrence of death results, and there was an indirect causal relationship between the death results and the results.
Considering the causes of the incident, the degree of fault between the two sides, causality and other factors, the court decided that Li should bear 97% of the responsibility for the loss of death, Peng should bear 3% of the responsibility, and decided that Peng should compensate Lis family about 18,000 yuan. After the judgment, both parties are equally interested in the appeal and the judgment is now in force.
Source: Liable Editor of Zhejiang Online-Qianjiang Evening News: Zhao Yaping_NN9005