The word

Respected judge:

Anhui Shenlan law firm commissioned the statutory agent XX, the original defendant tell liability disputes motor vehicle accident case, the lawyer appointed as its first agent. On the basis of facts and law, with the court cases, put forward the following opinions agent agent:

The basic facts about the case

In June 11, 2011, the first defendant in this case driving Anhui AXA117 car, in Zhongshan North Road Labor village from inside to outside run to the door, collide with a front of the plaintiff, the plaintiff injured in a traffic accident. The first defendant not according to norms of operation safety operation, the violation of the "people's Republic of China Road Traffic Safety Law" the twenty-second the first paragraph, bear full responsibility; the plaintiff in the case without responsibility.

Two, the first defendant accused, second staff, and was on the way to perform tasks, the second defendants as the employing unit, shall bear the liability for compensation according to law

"The Supreme People's Court on certain issues concerning the application of law in the trial of personal injury compensation cases the interpretation of" the provisions of article eighth "legal representative of the legal person or other organization, the people responsible for the people and the staff in the performance of their duties, causing the damage, in accordance with the provisions of the general principles of the civil law article 121st, the legal person or other organization shall bear civil liability." ; "the people's Republic of China tort liability law" thirty-fourth article "the employer's personnel due to performance of a task and causes damage to others, the employer shall bear tort liability". The first defendant in this case as the second defendant (Xin'an evening newspaper) reporter in Wuhu, when the accident occurred, is on the way to an interview with the task execution, at work, because of work reasons, resulting in damage to the plaintiff. Accordingly, the case of the second defendant, as the first defendant employer should bear liability for compensation according to law, the corresponding.

Three, the case of the third defendant as a vehicle accident insurance, should be in accordance with the law in the corresponding insurance and indemnity shall be paid
   The first defendant in this case was to drive a vehicle in AXA117 car for the second defendant (Xin'an evening newspaper), the second defendants to be insured, the deadline for insurance in June 23, 2011, the accident happened in June 11, 2011, so in the insurance period. According to "road traffic safety law" article seventy-sixth "motor vehicle traffic accidents caused casualties, property loss, the insurance company in motor vehicle compulsory third party liability insurance liability limits the scope of compensation".

Four, about the mental damage solatium, agents telling about the key

(1) the legal basis: the Supreme People's court "on certain issues concerning the application of law in the trial of personal injury compensation case explanation" and the Supreme People's court "about the problems of defining the civil right infringement spirit damage compensate responsibility to explain the" section second "eighth for infringing the spirit of causing damage, resulting in serious consequences, people's court shall order the infringing people who bear the cessation of infringement, rehabilitation of reputation, apology, eliminate the influence of civil responsibility, can according to request any victim one party of the compensation for spiritual damages corresponding solatium." The amount of compensation for mental damage and ten "is determined according to the following factors: (a) the degree of the infringer's fault, except as otherwise stipulated by law; (two) against the means, occasions, behavior specific circumstances; (three) caused by the consequences of violations; (four) the profitability of tort person; (five) the infringer to assume responsibility for economic capacity; (six) the average standard of living of court location". (2) combining with the case: 1, this case the victim is in the youth stage, but due to the defendant's infringement of the suture in the treatment of facial injuries, and the scar, no doubt on the plaintiff's psychological cast a deep shadow, to a certain extent, is not conducive to the healthy, happy growth, and in the young the mind, to steam the shadow of fear; 2, at the time of the accident, the plaintiff is a welcome review stage of the examination, the defendant's tort injury, not synchronous review schedule, resulting in the extreme psychological stress, anxiety, heart can not bear the heavy young; 3, the first defendant line the second defendant (Xin'an evening newspaper) reporter, stable work, high income, have the ability to bear all the losses include mental injury solatium, advocated, in addition as the second defendant Xin'an evening newspaper, must also have the economic strength to bear all the losses; integrated a variety of mental damage, the plaintiff attorney claims 5000 yuan comfort gold.

To sum up, the request shall support the trial court litigation request, ordered the three defendants to the plaintiff loss make corresponding compensation.

                                                                               Anhui Shenlan law firm

                                                                                        Ding Kefeng lawyer

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