Tokyo Barrister: Start the law firm bankruptcy

Chapter 112 Final Battle Double Line of Defense
With Judge Kumagai announcing the second focus of controversy, this most critical issue finally came.The focus of this controversy is so clear that non-legal professionals in the auditorium can understand the crux of the issue.

If Chuanben Expressway is determined to have fulfilled its corresponding maintenance obligations, then Chuanben Expressway does not have to bear responsibility for the occurrence of the accident.Thinking that this controversial focus will directly determine the outcome of the case, the auditorium couldn't help but sweat
A huge mental pressure, like a dense dark cloud, enveloped the lawyers representing the two tables.Debating on this issue is like driving a carriage beside a cliff. If you are not careful, the carriage will overturn and people will die.

Miyagawa stood up again, raised his head and said, "Chief referee. The "Technical Specifications for Highway Maintenance" clearly stipulates that the road surface of the expressway should be cleaned regularly, and debris should be removed in time to keep the road surface and the environment clean."

"In this case, there were two I-shaped iron blocks on the G227 section of the expressway that were not cleaned up in time, which led to the accident. The fact that the iron blocks existed is enough to show that the Sichuan Expressway did not follow the national regulations and deal with road debris in a timely manner. Cleared. Based on this, it should be determined that Chuanben Expressway failed to fulfill its corresponding maintenance obligations and should bear the liability for damages caused by the accident!"

Imamishi stroked his tie, looked at his daughter coldly, and stood up with a look of disdain: "The plaintiff's attorney's argument is actually based on two points. The first point is that the Sichuan Expressway has not fulfilled its corresponding maintenance. The second point is that there is a causal relationship between the occurrence of traffic accidents and the failure of Chuanben Expressway to perform maintenance obligations.”

"Chief referee, please allow me to digress a little bit, and first express my opinion on the second point of causality of the plaintiff's agent. The collegial panel is requested to take note of the statement of responsibility for the traffic accident in this case. The traffic police have already investigated the occurrence of the traffic accident involved, A determination of responsibility was made. Among them, Terai was driving a vehicle and had a rear-end collision, and was judged by the traffic police to be fully responsible for the accident."

"The division of responsibilities in the traffic liability certificate has clearly determined that the accident in this case was caused by Terai's own driving behavior in violation of traffic regulations. Therefore, the main cause of the accident was Terai himself. Taking a step back, even if it is assumed that Kawamoto Expressway did not perform its duties There is no causal relationship between the corresponding maintenance responsibility and the occurrence of the accident, so it should not bear the responsibility."

Unknowingly, Imanishi has laid down a second line of defense: the cause and effect of the accident.

Now Miyagawa and Kitahara not only have to prove that Kawamoto Expressway failed to fulfill the corresponding maintenance obligations, but also prove that there is a sufficient causal relationship between Kawamoto Expressway's negligence and the accident.

Suddenly, the burden of proof was increased again.

Now that it has entered the stage of court debate, it is procedurally impossible to submit new evidence to prove the causal relationship.

Imamishi's words seemed to raise an insurmountable mountain again in an instant.

All eyes in the auditorium fell on the plaintiff's seat.After these several debates, the audience in the gallery has already realized the terrifying strength of the senior lawyer hired by the opposite listed company.It is always possible to instantly reverse the accusation of the plaintiff, find a small loophole in the seemingly unassailable accusation, and then tear apart the seemingly conclusive accusation of the plaintiff.

Sure enough, there is still a big difference between young lawyers and senior lawyers, some audience members sighed softly in the gallery.

Bei Yuan stood up again from the plaintiff's seat, "Chief referee, it is obviously unreasonable for the other party to deny the cause and effect of the accident based on the traffic liability certificate."

"Please pay attention to the court: the responsibility for the accident determined in the traffic accident liability statement. The focus of this case trial is the management responsibility of Chuanben Expressway."

"The division of responsibility for accidents is not equal to the determination of highway management responsibilities. In fact, the traffic police cannot determine the management responsibilities of highways. Accident responsibilities and management responsibilities are obviously two different issues. We cannot divide responsibilities based on the former , to determine the latter’s judgment.”

As if telling a story, Beiyuan said eloquently: "At the same time, I would also like to draw the attention of the court. The traffic accident liability affirmation did not mention the existence of iron blocks. The driving recorder submitted by my client did prove that there were two workers on the road. Font iron block."

"Therefore, it is very likely that the collision caused by the accident at that time also knocked up the iron block. Therefore, the traffic police failed to find the iron block during the on-site investigation, so the fact that the iron block existed was not mentioned."

"Because the traffic police's traffic responsibility certificate did not mention the iron block, the factual identification part is insufficient and incomplete. If such an insufficient and incomplete traffic responsibility certificate is used to determine the management responsibility of Chuanben Expressway, Then the conclusion we finally draw must be insufficient and incomplete.”

"To sum up. Please the court clearly! The traffic responsibility certificate only divides the responsibility for the accident, and cannot be used to determine the causal relationship between the management responsibility of Kawamoto Expressway and the accident."

After the words fell, the second line of defense under Jinxibu was torn apart by Beiyuan again.

Following Beiyuan's remarks, the audience in the auditorium had gradually discovered that the young male lawyer in the plaintiff's seat and the senior lawyer on the other side had formed a situation of rivalry.He even faintly overwhelmed the opponent in terms of momentum.If it is only based on age, the young male lawyer is already superior.

The audience who noticed this, couldn't help but be infected by this young man's fighting spirit, and looked at Beiyuan with a bit more expectation.

Imam's hand holding the document was already shaking slightly, and his eyelids would twitch from time to time.

Why doesn't this kid have any nervousness? !
Why is this kid reacting so quickly? !

Why is this kid always able to respond to his own attacks? !

Imam felt that every time he expressed his debate opinion, it was like shaking his fist at the wall.Although he hit the wall, the instant impact and counterattack made the fist he swung feel extremely painful.

Imanishi worked hard to calm his mind, turned his head to look at the judging seat, "Chief referee, I will continue to express my argument. Just now my argument was on the causality of traffic accidents. Now, I will return to perform maintenance. question of obligation."

"Chief referee. In this case, I make it clear that the most critical issue is: as long as the Chuanben Expressway has completed the corresponding inspections in accordance with the regulations, even if iron blocks appear on the road, it cannot be determined that the Chuanben Expressway has not fulfilled its maintenance obligations. According to the "Highway Maintenance "Technical Specifications", the G227 section of the expressway involved in the case needs to be inspected at least once a day."

"Chuanben Expressway has carried out daily cleaning and inspections on the G227 section of the highway, and it should be deemed that it has fulfilled its corresponding maintenance obligations."

"Even the plaintiff's agent admitted just now that the appearance of the iron blocks involved in the case occurred after the cleaning was completed. As long as the appearance of sundries did not occur during the inspection and maintenance period, it should be determined that the Sichuan Expressway has been exhausted." The obligation of maintenance and inspection."

"Therefore, it is not justified to deny that the Kawamoto Expressway has not fulfilled its maintenance obligations just on the grounds that there are iron blocks on the road!" Imanishi said loudly.

(End of this chapter)