There was a mishap that caused Wang Meiying's right eye to be disabled on level 10. The medical expenses handed down by the court were not fulfilled by the “golden Australian wheat†beer manufacturers and distributors, and the court found that Wang Meiying was the operator rather than the consumer, which made her harder to accept.
A beer bottle cap causes misfortune
The 48-year-old Wang Meiying and her husband are villagers in Dongtucheng Village, Tumuertai Town. Wang Meiying is a farmer who is working at home and cooking. She is a contractor of Li Tin, and her husband Sun Dianlin is doing odd jobs in the city to maintain home. However, a "horizontal disaster" flew, resulting in Wang Meiying's right eye level 10 disabled, the family's quiet life was disrupted.
Things have to be said from the afternoon of August 15, 2006. Wang Meiying, with her husband Sun Dianlin, drove her own agricultural tricycle and purchased five roped “Golden Oxfam†beer in the non-staple food and tobacco wholesale department of Panhandquankai, Tumuerquan Town, Chahar Right-wing Rear Banner, Wuharchabu City, Inner Mongolia Autonomous Region. , prepare yourself for drinking.
When he arrived home, Wang Meiying passed the beer from the car to Sun Dianlin. A cap of a bottle of beer suddenly popped up and hit Wang Meiying's right eye. Wang Meiying was in pain and she was admitted to the hospital. Afterwards, Sun Dianlin negotiated with the dealers and agents to resolve his wife’s eye injury and did not reach an agreement. During the negotiations, dealers and agents acknowledged the problem of having beer bottle expired. In the case of unsuccessful negotiation, Sun Dianlin pushed the two to the dock and Sun Dianlin won the first instance. At present, for more than two years, the court has decided that the medical expenses of 12,734.96 yuan have not yet been honored.
Dealers and manufacturers lost the lawsuit
Wang Meiying was hospitalized in Ulanqab Central Hospital for 8 days and was diagnosed. Corneal penetrating injury in the right eye, traumatic iris roots in the right eye, and traumatic bleeding in the right eye. The Wuyuanchabu Zhengyuan Forensic Center conducted an assessment of Wang Meiying’s injury. The identification result was: Level 10 disability. However, Pan Binquan, the dealer, disputed the identification result and asked Wang Meiying to re-identify the degree of disability. After mutual consultation, a second appraisal was conducted at the First Affiliated Hospital Judicial Center of Hohhot. The result of the appraisal showed that Wang Meiying’s right eye was still at level 10.
When Sun Dianlin failed to negotiate with distributors and agents, Wang Meiying entrusted lawyers in early 2007 to sue the beer manufacturer Hebei Kangbao Longyan Brewing Co., Ltd. and the beer operator Pan Handquan to court for compensation for their appraisal fees, medical expenses, and missed work. Fees, nursing fees, hospital meals, nutrition, spiritual damages, dependents' living expenses, etc. On February 15, 2007, the case was decided after the defendant Hebei Kangbao Longyan Brewery Co., Ltd. summoned the case to fail to appear in court. According to the state's mandatory regulations for beer packaging, bottled beer must not be sold with ropes for binding. The beer produced by the province Kangbao Longyan Brewing Co., Ltd. violates the above-mentioned national standards and makes it liable for compensation. Pan Panquan sells beer that does not meet the standards and pays joint responsibility. The two defendants compensate Wang Meiying Medical and other medical expenses of 12,734.96 yuan.
Is Wang Meiying a consumer?
Wang Meiying appealed to the Wulanchabu Intermediate People’s Court against the determination of the first instance that he was not a consumer. In the first instance, the defendant Panhandquan said that Wang Meiying opened the canteen in the village and was also the operator. The couple said they had never opened a canteen, but Sun Dianlin had sold wool and sheepskin. Panhandquan produced three testimonies from witnesses. The court of first instance found that Wang Meiying purchased beer for sales rather than for personal use. It was the operator and not the consumer. On July 23, 2007, the second instance judge rejected the appeal and upheld the original judgment. The reason is that there is no factual basis to prove that Wang Meiying is a consumer.
For this finding, Beijing Chaoheng Law Firm, Zhang Fuhu, believes that the witness did not appear in court to accept the question. The defendant Panhandquan did not explain the reasons for not being able to appear in court, and he did not show the identity card of the three witnesses when presenting the testimony. Pieces.
Therefore, pursuant to Articles 55 and 56 of the Supreme People's Court “Regulations on Civil Litigation Evidenceâ€, the court of first instance found that Wang Meiying was the operator and could not be established.
At the same time, Zhang also believes that even if Wang Meiying does manage daily department stores in his village, he cannot explain that Wang Meiying is buying beer for sales rather than for drinking. Mr. Liu believes that the first instance court's identification of Wang Meiying not only has no legal basis for support, but also has no logic. If Wang Meiying’s determination that the operator is non-consumer is not established, Zhang believes that this case should apply to the “Consumer Protection Law†and “Product Quality Law.†Therefore, a total of 35,843.26 yuan including medical expenses, transport expenses, disability compensation, living allowances for disabled persons, living expenses of dependants, mental damages, and disability rating fees were calculated.
During the progress of the entire incident, Hebei Kangbao Longyan Brewing Co., Ltd. never made any explanation! To this end, the reporter telephoned Hebei Kangbao Longyan Brewing Co., Ltd., after the company's telephone connection, the other party said that it was not the person in charge, and continued to call nobody to answer. It is understood that Wang Meiying is still appealing and the journal will continue to pay attention to the progress of the situation.
Lobby Set,Kink Fabric Sofa,Libman Lobby Broom,Lobby Broom Set
FOSHAN COOC FURNITURE CO.,LTD , https://www.coocfurniture.com