According to Anhui Business Daily, a garbage truck and a motorcycle met on the road in the morning. Because of the trivial matter, the two drivers mixed a sentence, and the motorcycle driver Gao (a pseudonym) forced the truck to stop, regardless of danger. After clearing the driver's cab door, the driver of the truck was fleeing because of fear of being pulled out of the car. Eventually he fell high and his leg was severely injured. Gao Mou sued the driver of the clearing truck and the Lushan District Urban Administration Automobile Team. Recently, Hefei City Intermediate People's Court made a final judgment.
[The incident] After the squabble motorcycle driver picks up the cab cab
Lu Moumou is an employee of the Shushan District Urban Management Bureau of Hefei City. At 5 o'clock on May 27th, 2014, he drove a garbage truck to the vicinity of the intersection of Changjiang West Road and Qianshan Road. He encountered a high alcohol drink driving motorcycle. The car is driving in the opposite direction. Lu Moumou saw that he was driving in reverse and he had a faster speed. He said that he was high. Once he was heard, he was forced to stop Lu Moumou's garbage truck.
Lu Moumou ready to leave the scene, a high force grabbed the garbage truck cab door and Lu Moumou dispute, Lu Moumou continued driving, Gaomou grabbed the steering wheel and Lu Moumou's arm entanglement. When the garbage truck moved forward for about 300 meters, the high one fell from the car and was squeezed by the garbage truck and the roadside. The lower limbs were seriously damaged. Lu Moumou discovered that he was in trouble. He immediately called the police.
[First instance] Injured two-limb clearing truck driver was sentenced
Gao Mou was sent to the People's Liberation Army 105 Hospital for treatment. His left lower leg was damaged. His left leg amputation was performed during the hospitalization and he was followed by a lower thigh amputation. After judicial verification, Gao’s injury was rated as Level 5 disability. In order to claim compensation, Gaomou sued Lu Moumou and the Shushan District Urban Management Bureau convoy to the court for compensation of medical expenses, disability compensation, and disability aids, totaling more than 700,000 yuan.
Lushan District Court held that the first instance in which Lu Moumou had caused a high injury while driving a car during the execution of his task, and the team of Lushan District Urban Management Bureau in which Lu Moumo was responsible should be liable for the loss of Gao Mou; Lu Moumou ignored Gao Mou’s driving The driving outside the room door is still driving to cause an injury. It is a gross fault and should be jointly and severally liable. In addition, a garbage truck driven by a drunk driving motorcycle to stop Lu Moumou is arbitrarily entangled outside the rubbish door. It is an important cause of the consequences of its own damage, so it should reduce the liability of the convoy and Lu Moumou.
The court of first instance adjudicated a total of 78,5161.3 yuan for medical expenses, disability compensation, etc., and the team and Lu Moumou assumed 60% liability. Lu Moumou was sentenced to one year and nine months of imprisonment and suspended for two years for committing serious injuries.
[Second instance] The two defendants refused to accept the final appeal
Laoshan District Urban Management Bureau team and Lu Moumou refused to accept the verdict and appealed.
The team believes that Lu Moumou's behavior does not belong to the duty behavior, and there is no evidence that Lu Moumou has been authorized or directed by the team to insult Gao. In addition, the team believes that Gao should bear the main responsibility. When the incident occurred, a drink driving and reverse driving are illegal activities. Lu Moumou appealed that he was an employee of the team. This matter was caused by his execution of the task and should be assumed by his employer.
Hefei City Intermediate People’s Court held that Ru Moum was engaged in the garbage removal and transportation work while driving garbage trucks. His behavior occurred during the period of his duties and should be considered to belong to the scope of performing his duties, resulting in the damage consequences of a high level. The employer’s team should be responsible for compensation. However, in the event of a conflict with Gao, Lu Moumou was not subjectively defending the interests of employers, but rather venting his personal emotions. He should share responsibility with employers. Recently, the Hefei Intermediate Court maintained the original verdict.
[trial focus]
Is the clearing truck driver's behavior an executive duty?
◎ The Urban Management Bureau Team: Lu Moumou’s behavior does not belong to his duties. There is no evidence that Lu Moumou has obtained authorization or instructions from the team to insult Gao. The two parties are arguing over unwarranted quarrels and have no intrinsic relevance to their duties.
â—Ž Clearing truck driver: This matter is caused by the execution of work tasks and the employer should assume responsibility.
◎ Hefei Intermediate People's Court: At the time of the incident, Lu Moumou was driving garbage trucks to carry out garbage removal and transportation. Lu Moumou’s actions occurred during his duties and should be considered to belong to the scope of his duties.
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