Tokyo Barrister: Start the law firm bankruptcy

Chapter 86 Maintenance Obligations
Now that the trial has progressed, Imanishi has gradually understood the opponent's style of play.That is, the other party has always focused on the existence of the two "I-shaped" iron blocks on the expressway, thus inferring that the Kawamoto Expressway has not fulfilled the maintenance obligation of clearing road obstacles in time.

The key issue in the whole case is: whether there are iron blocks on the road surface, whether it can be deduced that the Sichuan Expressway has not fulfilled the maintenance obligation.

The two are by no means legally equivalent.

Every minute and every hour on the expressway, there are a steady stream of vehicles passing by.In particular, the G1 expressway involved in the case is the main artery of cargo transportation in Tokyo Bay.I don’t know how many huge container trucks drive by on the road every day, and the spills on the trucks are absolutely unavoidable.

Therefore, based on the existence of iron spills on the road, it can be inferred that the Kawamoto Expressway has not fulfilled its road maintenance obligations, which is an excessive obligation on the expressway.This is absolutely unreasonable and ridiculous.

As if he discovered the other party's weakness in an instant, Imanishi unconsciously felt that the blood in his whole body seemed to be boiling.It's been a long time, I haven't felt this way.Imamishi changed his career from corporate legal affairs to a litigator. He was once an all-powerful lawyer and won a lot of major cases. Later, he felt that it was difficult to find an opponent and the trial was boring, so he switched to non-litigation.I really didn't expect that such a small case today would rekindle the feeling of invincibility when galloping through the court.

Imam sneered, his body's instinctive reaction was to some extent a disguised acknowledgment of Bei Yuan's strength.

Imam stood up from the dock: "Chief referee. I would like to respond to one point. All the evidence presented by the plaintiff just now cannot prove that the Sichuan Expressway failed to fulfill its obligation to clear obstacles on the road in time. There are uncleared obstacles on the road, and it is not It means that Chuanben Expressway has failed to fulfill its maintenance obligations.”

Miyagawa, who was at the plaintiff's table, was delighted with Kitahara's refutation just now, but in an instant, he was greatly puzzled when he heard his father's point of view.

Father...how did father come up with such a strange view.

There are two "I-shaped" iron blocks on the road, isn't it enough to show that the Kawamoto Expressway has not fulfilled its clean-up obligation?

Isn't this...the two the same?

Miyagawa was so confused that the pen in his hand stopped unconsciously, and he sat down blankly.

Imanishi knew this was a great opportunity.Judge Kumagai, sitting on the bench, is pro-business.You must make good use of this point and turn this point into their real advantage!
Imanishi walked to the middle of the court, as if he was about to give a big speech, cleared his throat and said: "Chief judge, I hope the court will pay attention to a fact. The G227 section of expressway involved in the case is an important transportation road in Tokyo Bay. More than tens of thousands of container trucks enter the highway every day."

"Every moment, container trucks may spill items on the road surface to form obstacles. However, every time the expressway is inspected and maintained on the road surface, at least one to two lanes must be closed. Therefore, the number of daily inspections and maintenance of the expressway is limited, otherwise the transportation efficiency of the entire expressway will be greatly affected."

"Therefore, there are uncleared obstacles on the road, which is objectively impossible for the expressway company to eliminate. Therefore, to prove that Chuanben Expressway failed to perform maintenance obligations in time, the evidence provided should not be that there are obstacles on the road, the plaintiff The evidence that should be submitted should be the evidence that Chuanben Expressway did not maintain the road in accordance with national standards."

"In other words, as long as Chuanben Expressway has maintained the road in accordance with national standards, even if there are obstacles on the road surface, Chuanben Expressway should not be judged to be liable. If the expressway company still needs to bear this kind of responsibility, there is no doubt that The maintenance expenditure of expressway companies will increase sharply. This excessive maintenance obligation will hinder further investment and construction of expressways."

Imamishi waved to Onoda in the dock.Onoda in the plaintiff's seat came out of reporting a stack of documents, walked to the clerk's position, and placed the documents on the middle stage.

However, these documents and materials have been classified in an extremely neat and clear way. All kinds of book clips, post-it notes, paper clips, and file folders have organized these messy materials in an orderly manner, even for laymen. It is not difficult to read these materials.

Imamishi looked at the three judges on the trial bench, with the corners of his mouth slightly raised: "Chief judge. These are the records I submitted to the court. These records are "G227 Section Expressway Kawamoto Expressway Surface Inspection and Cleaning Management Measures", "G227 Section Expressway Pavement Inspection Record Form", "G227 Expressway Pavement Cleaning Record Form", "G227 Expressway Inspection Reconfirmation Form."

"Chief referee. According to national standards such as the "Technical Specifications for Highway Maintenance" and "Technical Specifications for Highway Asphalt Pavement Maintenance", the maintenance standard for the G227 section of the expressway involved in the case is once a day. According to the documents I just provided to the court, Chuanben Expressway has fulfilled the requirements. The daily inspection and cleaning have been carried out, and the maintenance obligations have been fulfilled according to the national standards!"

After Imam finished speaking, a smile appeared on his mouth, and then he slightly relaxed the back muscles that were a little tense from the legal opinion just now.

Judge Kumagai on the trial bench nodded slightly when he heard these words, expressing his approval of Imanishi's legal opinion in a subtle way.Imamishi's remarks just hit Judge Kumagai's pro-business attitude.

There is too much vehicle traffic on the expressway, and there are spilled things on the road surface, which is indeed inevitable.

If excessive maintenance obligations are imposed on expressway companies, it will indeed have a negative impact on the expressway industry.

Beiyuan looked at the pile of documents on the secretary's desk, but a smile appeared on his face.Now is the time to make your own move.The video he took at the conservation center earlier is available.

The reason why I didn't release that video at the beginning of the trial was to wait for Kawamoto Expressway to jump out by itself to prove that they have fulfilled the road maintenance that meets the national standards.

Vivid video can give people a deeper impression than lifeless written information.

Beiyuan smiled slightly, then stood up, "Chief referee, I have a new video to submit regarding whether the road maintenance of the Kawamoto Expressway has been performed in accordance with national standards, please allow it to be played in court."

"Oh?" Judge Kumagai was flipping through the documents that Imamishi had just handed in. Hearing what Kitahara said, he couldn't help but put down the paper in his hand, looked up and asked, "Is this video long?"

"Not long, only five minutes. This video was recorded at the maintenance center of the G227 highway involved in the case."

"Okay. This court has decided to allow the plaintiff's newly submitted video to be played in court..."

Video recording? !And it's still about the maintenance center of the G227 section of the expressway? !Imano immediately became vigilant.

But I saw Beiyuan standing next to the TV screen with an unpredictable smile on his face, as if he was holding a feast for the next one, like a host preparing to entertain guests from afar, and he was about to present a wonderful program. He held the remote control in his hand, and gently pressed the play button on it like a gentleman...

(End of this chapter)