If you buy fake goods online, you will buy 100 million more!

Chapter 364 I just lost the lawsuit and received a subpoena
Lu Wentao got up and read out the indictment.

First of all, I gave a general description of the cause of the case. Naturally, there was a tendency in the specific words and sentences and the way of expression, and some content was deliberately weakened, such as why Zhou Kaihe entered other people's shops at night without permission.

Then he explained the lawsuit request.

It was the same as what was said on the day of the mediation. It was nothing more than a total of more than 85 in economic compensation, as well as a public apology and compensation.

Then began to testify.

The evidence Lu Wentao first submitted was a video and a report.

The content of the video is the interior of the store. It starts from the gate, goes all the way to the inside, and then goes up the stairs to the second floor, and then shoots down from the stairs on the second floor. It also gives a close-up of the blood-stained area.

The report was issued by the hospital, stating that Zhou Kaihe's cause of death was hitting the back of his head with a sharp object, resulting in traumatic brain injury, skull injury, and massive hemorrhage.

"Dear presiding judge, judge, from the evidence, there is a great potential safety hazard in the defendant's shop: there are no handrails on the stairs, no guardrails on the stairs on the second floor, and sharp objects such as tables and stools are piled under the stairs. !"

"That's one of the main reasons that led to the tragedy."

"It can be seen that the defendant was at fault."

"In addition, the defendant's store did not post any warning or reminder slogans, etc., which is not enough to let others know that there are potential safety hazards in the store, and the duty of reminder was not fulfilled."

"Therefore, I believe that the defendant should bear the responsibility for Mr. Zhou's death!"

Song Guangming nodded expressionlessly, then looked at the defendant's seat: "Defendant, do you have any objections?"

"Have."

Luo Dazhang raised his hands, stood up and said without haste: "A tort is a civil wrong. According to the provisions of the "Tort Liability Law", four elements must be met to constitute a tort:"

"First, the illegality of the act, which is a prerequisite for assuming tort liability, refers to the behavior performed by the perpetrator in violation of the prohibitive or mandatory provisions of the law."

"According to the manifestations of illegal acts, they can be divided into illegal acts of actions and illegal acts of omissions. Illegal acts of acts refer to... illegal acts of omissions refer to..."

"The shop of our party was not put into use when the accident happened. It was idle and closed. Normally, no one would enter it. Naturally, there is no danger. Therefore, whether it is stacking sundries or Failure to install a guardrail does not constitute an 'illegal act of inaction'."

Luo Dazhang was organized and logical, and his sonorous voice resounded throughout the trial court.

"Second, there is a fact of damage. The so-called fact of damage includes damage to public and private property as well as personal damage."

"There is indeed a fact of damage in this case, and Zhou Moumou fell to his death."

"Third, causality refers to an inherent and inevitable connection between various natural phenomena and social phenomena."

"The causal relationship in torts refers to the objective connection between the illegal act and the damage result, that is, whether the specific damage fact is the inevitable result of the perpetrator's behavior."

"Only when there is a causal relationship between the two, the actor should bear the corresponding civil liability, and tort liability without causal relationship is not established."

"Returning to this case, what behavior of our client has a causal relationship with Zhou's death? Didn't install handrails? Didn't install guardrails? Or piled up debris? Or didn't take enough safety measures so that Zhou So-and-so can break into the store without permission?"

"I would like to ask the other party's lawyer, is there a causal relationship between the arrangement of our client in his shop and Zhou's death?"

Faced with Luo Dazhuang's questioning, Lu Wentao's eyes flickered twice, and he was speechless for a while.

Luo Dazhuang smiled and continued: "The fourth is that the perpetrator is at fault subjectively, which is also a necessary prerequisite for the perpetrator to bear the tort liability."

"Fault can be divided into intentional and negligent. The former means that the perpetrator can foresee that his actions may cause damage and still hope that it will happen or allow it to happen."

"The latter refers to the fact that the actor should have foreseen or could have foreseen the result of his behavior but failed to foresee it due to negligence, or although he had foreseen it, he thought it would not happen because of his overconfidence, resulting in damage."

"It's still the same sentence, how our client arranges his shop is his freedom. He can't predict that Zhou Moumou will sneak into the shop in the dark, and he can't predict that he will fall from the second floor, so there is no fault!"

Lu Wentao knew something was wrong, and quickly raised his hand and shouted: "Objection!"

"I disagree with what the other party's lawyer said, that the defendant's shop has actually presented a major safety hazard. This is the fault of the defendant! If he had installed the guardrail, this tragedy would never have happened."

"Ha ha……"

Luo Dazhang chuckled twice, glanced at Lu Wentao and said, "The other party's lawyer, don't blame the road for being incompetent! Are you going to sue the road department when you trip over a curb and knock out two front teeth while walking on the street? Are you To steal cables, get electrocuted and sue the power supply bureau? What’s the point of that!”

"Also, let me say it again, the shop is the private real estate of our party, so it's the reason why you don't want to enter it, so don't I need to say more?"

"Our client's own place can be decorated however he wants, even if he sprinkles horse nails all over the place, it's fine."

"If Ni's theory is true, then the people of the whole country will no longer have the slightest sense of security. Every kitchen has a kitchen knife. If a thief sneaks in and stabs himself with a knife one day, will the household be responsible for losing money? Everyone has electricity, right? , in case a thief sneaks into the room one day and sticks two fingers into the socket and electrocutes himself to death, is the householder going to lose money?"

Luo Dazhang snorted coldly, looked Lu Wentao up and down with disdain, shook his head slowly and said, "To be able to say such ridiculous things, I seriously doubt whether the other party's lawyer really has the ability to be a qualified lawyer!"

"you!……"

Lu Wentao's face turned red from choking.

If it wasn't for a sliver of reason deep in his heart, he would have rushed forward to let that stupid man with glasses taste his fist the size of a sandbag!

"Uh, ahem... the defendant's lawyer, please be careful with your words and don't attack the opposing lawyer." Song Guangming couldn't stand it anymore.

I mourned for Lu Wentao for three seconds in my heart.

You said it’s not good for you to be your lawyer well, and it’s not bad to have a case every now and then, let’s not talk about being rich, at least your income is much better than most people’s.

Confused, confused...

In fact, the lawyers who stand on the opposite side of Luo Dazhuang no longer say less, such as Zhang Wei, Chen Mengzhe and others, have confronted Luo Dazhuang in the courtroom.

Although they all lost to Luo Dazhuang without exception.

But Luo Dazhuang did not start the mocking mode.

But this time is different.

The plaintiff's shameless face was already shining brightly under the sun. Lu Wentao even accepted such cases, and Luo Dazhuang looked down on him.

Although lawyers want to strive for the interests of their clients to the greatest extent, they cannot completely lose their bottom line and integrity.

This kind of lawyer who does not refuse anyone for the sake of fame and profit, and accepts any case, needs to be taught a lesson.

In fact, Lu Wentao is not bad, at least he was not sent in...

Judge Song Guangming spoke up, and Luo Dazhuang had to give him face no matter what.

Temporarily received supernatural powers and turned off the mocking mode.

Of course, the court debate will continue.

"Article 240 of the Civil Code stipulates that if it can be proved that the damage was caused intentionally or by gross negligence of the infringed party, the liability may not be assumed or reduced."

"Zhou Moumou entered the store without our client's permission, and our client didn't know about it. This has in fact constituted a crime of burglary, but Zhou Moumou is dead, so he will not be held criminally responsible. .”

"However, he should be willing to take risks for such actions and bear all the responsibilities for all the consequences that arise, which has nothing to do with our party!"

Then Luo Dazhuang listed several similar cases.

The first one was that a thief sneaked into a farmer's house to steal, but the house was bare and nothing was stolen. The thief was about to take away the cow in the cowshed, but was kicked to death by the cow, and his family claimed 50 yuan from the head of the household.

The second is that two thieves cooperated in stealing cables and were electrocuted to death. The family members sued the power supply company for 120 million death compensation.

The third one was also a thief who burglarized the house and was electrocuted and died. The family also filed a lawsuit in court, demanding compensation from the head of the household.

The final verdicts of the three cases were very similar.

The plaintiff's claims were all dismissed by the court!
In practice, the judgment results of similar cases can be used as a reference.

This is the principle of explaining the law with cases.

Someone has given the correct answer before, and it is not difficult to make a correct judgment even if you copy the homework later.

In fact, the court trial has reached this point, and the situation has basically become clear.

Luo Dazhuang made efforts from both theoretical and practical perspectives at the same time, and played both ways, which made Lu Wentao lose his temper at all.

In the end, of course, he won the lawsuit without any surprise.

Song Guangming pronounced the verdict in court, dismissing all the plaintiff's claims, and the plaintiff had to bear the defendant's litigation costs.

"How could this happen! Don't say we didn't get a penny, we still have to pay for it! Attorney Lu, that's not what you said at the beginning, right?"

"Lu Wentao! You big-bodied swallow! You said something nice before the trial, but that's the end? You can't be a liar, right? I'm going to the Lawyers Association to report you!"

After losing the lawsuit, Zhou Hongtao and Zhou Yunan, brothers and sisters who were in a rage, immediately put Lu Wentao in a corner.

You said what I said, and the saliva Xingzi washed his face.

Lawyer Lu was also very depressed at this time.

Before the trial, he was really ambitious, and felt that even if he couldn't win a big victory, he could at least fight Luo Dazhuang for a few rounds, and then ended in a "near defeat".

The judge will make another verdict that is like mud.

The complaint claim is 80 yuan, so it is not too much to order the defendant to pay 40 yuan?
After all, people are dead.

In such cases involving human life, judges often take into account the emotions of the relatives of the deceased, and will be more or less partial, which is the so-called "harmony".

In this way, it was not a small victory for Lu Wentao.

After all, being able to achieve such a result under Luo Dazhuang's hands is enough to be proud of!
But it's a pity, not only did this court trial not meet expectations, but Lu Wentao's Dao heart was almost ruthlessly shattered!

Could it be that I am really not suitable to be a lawyer?
Lu Wentao fell into deep self-doubt.

Automatically blocked the forced chatter of the two parties.

"This matter is endless! You must give us an explanation, either appeal or refund the lawyer's fee! Otherwise, we will report you to the Lawyers Association!"

Zhou Hongtao said a harsh word, and left with his sister angrily.

As a result, as soon as he left the gate of the trial court, he was stopped by a bailiff.

"Excuse me, are these two Mr. Zhou Hongtao and Ms. Zhou Yunan?" the bailiff asked.

"It's us, what's the matter, won't you let us go home after losing the lawsuit?" Zhou Yunan put his hands on his waist and said with his neck stuck.

Zhou Hongtao also had an unfriendly expression on his face.

The bailiff said: "Don't misunderstand, you two, it's like this. I have two summonses to be served on you. I just found out that you are in the courtyard, so I sent them directly to save you a trip."

"summons?"

"Our lawsuit is over, what kind of subpoena do you still send?"

Zhou Hongtao asked with a frown.

"Oh, this is a new case."

With that said, the bailiff handed the two of them a gray file bag.

Inside are copies of the summons and complaint.

After Zhou Hongtao and the two inspected it, they were very angry with themselves.

"It's bullying too much! It's bullying too much! Is there such a bully? Dad was killed by him, and he... actually wants us to pay money!"

Zhou Yunan was trembling with anger and crumpled up the copy of the indictment.

Zhou Hongtao was also outraged.

But at the same time, he was thinking more.

Previously, in the process of contacting Lu Wentao, Zhou Hongtao casually inquired about relevant laws and regulations—after all, when he was at the police station, Luo Dazhuang clearly mentioned that he might sue.

Therefore, Zhou Hongtao knew very well that as long as he did not give up inheriting the old man's inheritance, he would have to bear the risk of compensating the other party for economic losses.

In court, the outcome is unpredictable.

Zhou Hongtao's eyes flickered twice, and he suddenly had an idea in his mind.

Don't look at Zhou Kaihe picking up (stealing) aluminum alloys and waste cardboard boxes and selling them for money, but he is not a poor person.

In a place like Dragon City, some people cannot be judged by their appearance.

You think that the old woman who sits on the bridge and sells corn and vegetables is very pitiful, but in fact, she may have three apartments in Longcheng.

You think that the old man who is dressed in shabby clothes and carries a broken bag to pick up drink bottles is living a hard life. In fact, he is a demolition household, and the compensation he gets for demolishing a house is money that ordinary people can't earn in a lifetime.

Zhou Kaihe is not so rich, but at least he has a small apartment of [-] square meters in an old community in Longcheng. He has lived frugally for so many years, and his savings are estimated to be in the six figures.

So, is it possible to transfer the savings secretly and vacate the house?

When it was over, he said that he gave up inheriting the inheritance.

In this way, there is no need for compensation.

If you look for a relationship, maybe you can transfer the house quietly.

Although Zhou Yunan didn't think so deeply, she has her own theory of invincibility, that is, no matter where Zhou Hongtao goes, she will follow.

Avoid not getting a hair in the end.

The two ran to the bank with Zhou Kaihe's passbook.

result……

"What? The account was frozen???"

……

PS This case has a prototype

(End of this chapter)