The man is drunk to throw vegetable's wife missingly and refuse to pay the medical fee

The man is drunk to throw vegetable's wife missingly and refuse to pay the medical fee
Reason: Drunk to meet accident, include industrial injury come off duty, unit pay first 18 the intersection of over yuan and expense Wan demand to return
Staff come off duty drunk to fall vegetable after drinking, for rescue staff, unit pay first 18 yuan of medical treatments Wan expenses, while wanting this wives of staff to return this sum of money afterwards, the other side but others evaporate, have played " L Hide from cat's cat " . Under being helpless, the unit informs it to the court. Recently, the court of north district of Chongqing judges the wounded's wife repays this sum of money.
The dinner of celebrating one's birthday is drunk to throw a vegetable
It is the steamer of Chongqing to wish some (Group ) Affiliated limited company " L Chongqing 810 " R Staff member on the steamer.
Will it be will it be 6 day January 2004, one too raw colleague, may some and some other people congratulate together after coming off duty, and drink on the ship and celebrate one's birthday . During that time, wishing some dead drunk, while walking on the second floor of the steamer, the health was weak suddenly that drink, fall down from stair carelessly, the brain is injured seriously.
Through treating, may some become a vegetable that will attend all one's life.
It doesn't belong to the industrial injury to come off duty and drink and meet accident
After the thing, asserted by the labour department of Yuzhong District, it is not the industrial injury that may some injury properties. Finally, municipal work and social security office of Chongqing arbitrate and assert that wishes some injury properties are not the industrial injury.
10 days of May of 2006, passed the steamer of Chongqing (group) Limited company applies, the court of Jiangbei District declares and wishes some in accordance with the law as not there is not civil capacity personning, and appoint to wish some wife Ms. Caos for the guardian.
However, Ms. Cao has been holding and refusing the attitude to this all the time, not only refuse to perform duty of guarding, not paying the medical fee for the husband and attending to the expenses, and it even ignores to pay for medical fee matter first to husband's unit, even there aren't a words to express the gratitude.
According to understanding, in wishing some to fall into the matter of vegetable after drinking, the unit does not originally have any responsibility, but help to wish some positive medicine to manage for humanitarianism, from meeting accident to 31 days of December of 2008, in order to wish some fee of paying for medical fee first, attending to the fee etc. altogether More than 18 ten thousand yuan . Its room, the unit has found Ms. Cao many times, has put down the relevant expenses to be paid for first.
Cao stall off with all sorts of reason at first, arrive later, play with, blow, catch fan, hide simply, leave one's own husband behind and does not reveal the surface, no longer perform duty of guarding too.
The court sentences the wife to assist obligations
Will it be annual the beginning this year, the steamer of Chongqing (group) Limited company informs Ms. Cao to the court of north district of Chongqing, requires it to fulfil to wishing some guardianship duties, and return and reach Expenses of medical treatment, nursing,etc. paid first of 5 years More than 18 ten thousand yuan .
When the court holds a hearing, Ms. Cao has not appeared in court. Undertake to a judge and make the telephone to her, she does not reveal the surface yet, has given up for one's own right to plead finally.
Held a hearing absently, the court of north district of Chongqing confirms wishing some to be injured the matter not to be the industrial injury, it belongs to voluntary service that the steamer Company pays for the behavior of expenses such as medical treatment,etc. first, this behavior is worth appreciating. Court assert may some injure, and the intersection of Ms. and the intersection of department and conjugal relation Cao, the wife has the obligation to assist after being injured still, may some injured expenses of medical treatment,etc. produced and should be repaid with the common property of couple.
Finally, Ms. Cao, judgement of court, repay Chongqing the intersection of steamer and various the intersection of expenses and 18 over yuan Wan that Co., Ltd. pay for first.
Layers' talking of law
Wounded relative can to drink colleague's claim
Lawyer of this newspaper news the intersection of group and member, Chongqing full of trees to reach lawyer of lawyer's office director He TianQiang, claim, victim wish some injured to fall vegetable, behavior have causality such as urge the guests to drink with other colleague, may some colleagues should bear the corresponding fault to damage, as the legal guardian, the victim's wife has the right to other colleague's claim drinking together.
Lawyer He TianQiang says, generally speaking, the case of personal compensation for damage should litigate in one year after treating and ending, but according to the 169th regulation of suggetion on implementing several questions of general rule of the civil law of the Supreme People's Court, the obligee can't exercise request right during legal lawsuit prescroption because of the objective obstacle, it is a general rule of the civil law the 137th The string stipulates " L The special circumstances " ,The people's court can lengthen during lawsuit prescroption.
In this case, the victim wishes some as not there is not civil capacity personning, and still in continuing treating at present, can't exercise the special circumstances of request right during legal lawsuit prescroption while belonging to the obstacle that is objective.
The guardian is suspected of being involved in the crime of abandonment
Lawyer He TianQiang claims, 20th regulation couple of marriage law have obligation that raise each other. Article 261 of criminal law stipulates too, as to the old, young, ill or other persons who has independent viability, have the obligation to raise and refuse to raise, the plot is abominable, the fixed-term imprisonment, detention under getting along with for five years or controlling.
So, Ms. Cao, as wishing some legal guardianship persons, default and guard responsibility, have already been suspected of being involved in committing the crime of abandonment .
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