Basic facts of the case
On September 4, 2017, Mr. Shen (Party C), Mr. Guo (Party B) and BBMG Pension Company (Party A) signed the "Pension Service Contract", stipulating that from September 4, 2017 to September 3, 2018, Mr. Guo would accept the professional pension services provided by BBMG Pension Company and pay the corresponding fees to BBMG Pension Company.
At about 22 o'clock in the evening of September 20, 2019, Guo fell from the bed. On the same day, Jinyu Pension Company sent Guo to the Civil Aviation General Hospital through the 120 ambulance, and after relevant examinations**, Guo died on September 21, 2019, and the cause of death listed in the medical certificate of death was traumatic subarachnoid hemorrhage. During Guo's hospitalization, the relevant medical expenses were paid in advance by Jinyu Pension Company.
Subsequently, Shen believed that Jinyu Pension Company had failed to fulfill its obligation to accompany and should bear the liability for compensation. Then he filed a lawsuit with the court: Jinyu Pension Company was required to compensate Shen and Guo for death compensation of 339,900 yuan, funeral expenses of 63,553 5 yuan, mental injury solatium of 100,000 yuan, old-age security of 10,000 yuan, medical reserve of 10,000 yuan, transportation expenses of 2,000 yuan, loss of work loss of 5,000 yuan, and pension service fees of 1,833 33 yuan.
First instance judgment. The court held that BBMG Pension Company was a professional pension service organization, and it was its contractual obligation to provide qualified escorts and provide pension services with reference to the standard service processBBMG Pension Company has followed the requirements of the regular inspection system when providing pension servicesInspections were recorded, and beds were provided that met nursing industry standardsThe above-mentioned specific acts all show that BBMG Pension Company has fulfilled its obligations under the pension service contract. Moreover, since the expiration of the pension service contract signed by the two parties on September 4, 2017, they still continue to maintain the behavior of providing pension services by BBMG Pension Company, which is enough to see that the two parties did not raise objections to the pension service standards and quality of pension services during the performance of the two-year pension service contract of BBMG Pension Company, and it can also be seen that BBMG Pension Company has fulfilled its contractual obligations of pension services. The fact that the elderly man Guo fell from the bed and was injured was an emergency, which was unforeseeable and uncontrollableOnly when BBMG provides 24-hour one-to-one service can it be possible to fundamentally prevent the occurrence of this riskAccording to the service standards signed by both parties, it is very likely that the elderly Guo will be injured when he moves on his own, and the windIt would be unfair to blame BBMG Pension Company for the prevention and control of insurance.
Therefore, the court of first instance held thatBBMG Pension Company was not at fault for the occurrence of the accident, and the court of first instance did not support Shen's request for compensation. However, for the medical reserve, it can be refunded after deducting the medical expenses that have been paid by Jinyu Pension Company, that is, 6119 43 yuan. The pension service fee of 1833 33 yuan for the period from September 21, 2019 to September 30, 2019 shall be refunded according to the contract. The old-age security fund of 10,000 yuan is the content of the refund agreed in the contract and should be refunded.
Judgment of the second instance. The appeal was dismissed and the original judgment was affirmed.
The content of this article is collected and organized for sharing and learning only, and is not for commercial use. However, if you have any objection or infringement of some content, please contact us in time, and we will immediately correct or delete the relevant content according to the requirements of the copyright owner. 