The old man was patted on the shoulder, frightened and sick, and went to court

Mondo Social Updated on 2024-01-19

The old man was scared to get sick because he was patted on the shoulder and filed a lawsuit. Mr. Yang, who is in his 60s, was startled by a pat on the shoulder, resulting in a cerebral hemorrhage. He was transferred to the hospital again and again. Mr. Yang blamed Zhang for his illness, and Zhang scared him on the referral list. and sue the other party. A few days ago, the Shanghai Pudong New Area People's Court heard the case. Uncle Yang lives in a small community in Pudong. After dinner on August 20, 2020, he went downstairs to take out the garbage and chat with his neighbors. Who knew that the property Zhang quietly came behind him,

Kidding him?Tapping me on the shoulder scared me, and I was so scared that I almost fell. Subsequently, Uncle Yang went home, and on the way home, he had symptoms such as palpitations and dizziness, and his condition deteriorated rapidly after arriving home, accompanied by vomiting, coma and other symptoms, and his family immediately sent him to the hospital for treatment. Subsequently, his condition deteriorated rapidly, and he was discharged again and transferred to a hospital for hospitalization**, where he was diagnosed with right cerebellar hemorrhage, acute obstructive hydrocephalus with ventricular burst, and hypertension**. A craniotomy was performed that evening. He later continued to seek medical attention for his condition**.

Since then, Mr. Zhang's family has repeatedly contacted Mr. Zhang through the police station and neighborhood committee, but to no avail. Mr. Yang believes that Zhang deliberately patted him on the shoulder to scare him, which led to his illness, turning his originally healthy and peaceful old age into a situation where he could not take care of himself, causing great mental damage. He believes that Zhang's slashing is clearly guilty and should be compensated for the damages. As a result, Mr. Yang took Zhang to court and demanded that he bear 15% of the liability. During the trial, the court ordered a forensic examination. At the time of the assessment, Mr. Jan had an organic mental disorder

The current condition is equivalent to a grade 7 mental disorder. The old man's high blood pressure is the main cause of his cerebral hemorrhage. Given that shoulder impingement is a secondary cause of intracerebral hemorrhage, participation is recommended in the range of 5% to 15%. Zhang had no objection to Mr. Yang's statement about the circumstances of the incident, but he did object to the specific compensation, and he said that according to the court's appraisal opinion, his participation in causing Mr. Yang's bodily injury was a criminal act. 5 years. % to 15%, he believes that the participation rate of graduates is only 5%. After the trial, the court rendered a judgment on the case. Although Zhang's shoulder pat did not directly cause Yang's injury, it did play a role in causing Yang's cerebral hemorrhage. According to the court's appraisal opinion on Zhang's shoulder pat and participation in Yang's injury, the court decided to bear 10% of the compensation liability for Yang and Zhang's injury. As a result, Mr. Yang's losses, in addition to the payment of moral damages and attorney's fees, totaled RMB 728,62,733, of which 10% was RMB 72,86,273. In addition to 3,600 yuan for mental damage and 500 yuan for lawyer's fees, Zhang's total compensation is 7286273 yuan, and Uncle Yang should be compensated 8146273 yuan. So, don't prank, joke, or scare others easily as this can cause trouble.

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