Multi-millionaires are turned into millionaires by heavenly ashtrays

One night 14 years ago, a 3 pound ashtray was dropped from a high building on Xuetianwan Street in Yuzhong District. Not only did a passerby suffer a serious injury, but he also paid the first high-rise fall object in China to claim compensation. In the lawsuit, 22 residents were taken to court by the victim. The "ashtray case" caused a sensation in the country.

14 years later, because only 3 defendants have received less than 20,000 yuan in compensation, Hao Yue, the victim of the same year, submitted an application to the Yuzhong District Court on May 6, hoping to resume the administration of the suspension 12 years ago. The verdict, allowing the rest of the defendants to fulfill their liability for compensation, caused a sensation in the ashtray case that was once again pulled into reality.

14 years ago

Heavenly ashtrays will pass through pedestrians into grade 8 disabilities

In the past 14 years, the only victim in the case, Hao Yue, had been interviewed by a reporter from Chongqing Morning Post and still clearly remembered the terrifying scene of the heavenly ashtray.

Hao Yue said that at 1 am on May 11th, 2000, he walked from the Shangqing Temple and went back to school at 10 Tianwanzheng Street. At the entrance of No. 59, 200 meters away from home, he met acquaintance Lee. Standing on the road chatting a few words.

"It took more than 10 minutes and an accident occurred." Under the dim light, Haoyue only heard a muffled noise from his head. Then he stared at Venus, fell to the ground and lost consciousness.

The old couple Liu, who still lives on the first floor of No. 59 Zhengtian Street, participated in the rescue. Mr. Liu said that at the time of the incident, the couple had not yet slept and heard a loud noise. They immediately rushed out and found Haoyue's head was blood fainted in front of the building courtyard. There was a 3.8-pounds-heavy sky with a diameter of more than 10 centimeters on the ground. "35" brand ashtray. Lee’s arm was also injured in an ashtray that had fallen from Hao Yue’s head.

Afterwards, because the fingerprint on the ashtray was destroyed, the police investigating the case ruled out the possibility of intentional harm, but it was impossible to find out the true culprit of throwing the ashtray.

A doctor's examination revealed that the ashtray was slamming into the left side of the head, causing the skull to break. Hao Yue was identified by the forensic physician as level 8 disabled.

Even the decision to su

The events on both sides of the building near No. 59, Tianwan Street, are old and built houses with hundreds of households. Because he could not find the murderer, Hao Yue’s wife Luo Chaorong decided to use legal weapons to defend her husband’s rights.

After consulting with the company’s legal advisor and Wang Jianming’s attorney from Shengda Law Firm, the two decided to sue all nearby residents who may have caused harm to Hao Yue.

On August 10, 2001, after a year of recuperating, Haoyue reported to the Yuzhong District Court that 24 households and developers on the 65th Street and No. 67 Xuetianwan Street, which may have lost ashtrays, demanded that the defendants share the same A total of more than 33 million yuan was spent on medical expenses.

On December 19, 2001, the Yuzhong District Court held that except for the two relocated people living outside, the above-mentioned households could not rule out the possibility of throwing an ashtray. According to the principle of presumption of fault, these 22 households share the liability for compensation.

The court found that Hao Yue’s losses totaled more than 178,000 yuan, and the compensation was 8101.5 yuan for each household. Among them, the case accepted fees and other expenses amounted to 6,688 yuan, and the defendants each assumed 304 yuan.

After the verdict of first instance, 22 defendants refused to accept the appeal. On June 3, 2002, the Municipal Intermediate People's Court upheld the original judgment.

Wang Jianming said that this was the first high-altitude uncontrolled fall victim in China that caused a sensation in the country that caused serious damage and controversy in the judicial community throughout the country.

12 years later 【冤】

Judgment for 12 years

So far only 3 households have performed compensation

After getting the verdict, Hao Yue quickly discovered that he had won the lawsuit and lost his execution.

After the verdict, most of the defendants were dissatisfied and considered themselves paralyzed. Therefore, they refused to perform the legal judgment and were reluctant to give money. Ms. Luo desperation on behalf of her husband to the Yuzhong District Court for enforcement.

In the face of the judges, the defendants all said that they had no money and refused to pay compensation. Later, the court had to issue a ruling to some of the units where the executor was located. Due to pressure from the unit and the society, the defendant began to pay compensation in succession.

Hao Yue introduced that of these, sometimes the people’s congress deputy Wei Maohe of Shapingba District, the civil servant of the city’s bureau, Mr. Lu, and a resident of the tram company who worked at the train company had lost more than 1,000 yuan.

Ms. Luo introduced that from the court’s decision up to now more than 12 years ago, the three individuals fulfilled the verdict and Hao’s family received a total compensation of less than 20,000 yuan. Due to difficulties in implementation, more than one year later, the local courts suspended implementation due to implementation difficulties. This matter has been dragged to the present and the “ashtray case” has gradually faded out of sight.

Another hidden story

The defendant still shouted

A reporter from the Chongqing Morning Post recently visited the scene of the incident and found that although 14 years have passed, when asked about the ashtray case of the same year, many local residents can still say one or two. Neighbors said that the compensation of more than 8,000 yuan per person actually paid even if it was paid at 200 yuan per month, and it still pays for it. "But everyone does not want to pay compensation, mainly because they feel embarrassed."

On the 3rd floor of No. 67, Xia Zeyuan, one of the defendants of the year, said that he was sleeping on the night of the incident and that he could not lose the ashtray. This, coupled with the financial difficulties of the family, had not been fulfilled. Even if the victim now proposes to resume execution, he still said he did not want to pay compensation, and he hoped that he would have the opportunity to reopen the case.

Wei Maohe, a resident who fulfilled the verdict in full, said in a phone interview with reporters that the case should be a personal injury case. He should file a case according to a criminal case, instead of sitting in a civil case and claiming liability in the absence of a murderer. , resulting in 95% of the defendants being jealous, "even after years, I still feel uncomfortable."

Aunt Chao of 4-4 recalled that after Hao Yue was smashed by an ashtray, the next morning, some residents saw a resident in the building move away from the house. Due to the long time, these hidden feelings are no longer valid, and the true culprit may live in the middle of his life, but his identity may always be a mystery.

Now·(will)

"Verdict" purpose

Let people no longer parabolic

On May 6, Hao Yue and his wife, Luo, set out from the home of Yang Jiaping and came to the Yuzhong District Court. After 12 years, he again submitted an application for restoration of execution. Since the execution of the individual’s judicial decision was resumed and legally valid for life, the court staff accepted the application.

Hao Yue said that he is still operating a machinery leasing company and is not short of money. “I just hope that the procedural justice of this case will be recovered through the implementation of this case, and that people will not be paralyzed again to prevent the tragedy from repeating itself.”

For the verdict of that year, Hao Yue said that some of the 22 defendants must have been embarrassed, but they could not compare with the great harm they suffered. "They should also give the authoritative law a dignity so that the judgment can be fully implemented."

Three years after the disaster

His ten million business plummeted

Although the residents felt that they were embarrassed, Hao Yue said that his own life was almost destroyed by this ashtray. The Chongqing Morning Post reported this issue on August 3 of that year with the title "The ashtray destroyed his life."

Hao Yue came from Hechuan Rural and ranked second in the family. From the age of 20, he began to work in the school Tianwan Farmer’s Market.

To the head of the ashtray, he was just 36 years old and his wife Luo was just 3 months pregnant. At this time, he is already the chairman of Juhui Construction Machinery Leasing Co., Ltd. He has 300 workers and his company has tens of millions of assets.

The falling ashtray in the sky changed everything. Ms. Luo said that during the rescue, the doctor said that even if he rescued Hao Yue, his intelligence may be equivalent to only two-year-old children, and may be partial, limited mobility.

Hao Yue said that after he was discharged from the hospital, he suffered from a lack of cranium on the left side of his head, severe brain injuries, a significant drop in memory, incoherent thinking, poor language expression, and often uncontrollably emotional anger.

Hao Yue said that after more than three years after the accident, he could not say a word, the company's business has plummeted, and the annual revenue is less than one million. "The ashtray directly converted a multimillionaire to a millionaire."

Old revisit

High altitude parabolic events still occur here

Hao Yue said that since going through this incident, he had already thought very openly, no longer angry, and learned to accept the reality slowly. "I have nearly half a year and I don't have much hope for the future. I will be able to live in peace."

As for reapplying to the court for resumption of implementation, he said that there are more than one hundred cases of falling objects and injuries each year in the country. If this case can evoke people’s memories and allow more people not to paralyze themselves, they will achieve their goals. .

Contrary to the reality of Hao Yue’s acceptance, the reporter found that the local residents had not learned any lesson from the fact that there had been high-profile crashes and injuries at the country’s high places near the residential building at No. 67, Xuetianwanzhen Street. . Mr. Liu on the 59th door of the door said that for more than 10 years, there were still upstairs tenants throwing things downstairs. What bottles and tatters were lost. The only comfort is that it did not cause casualties as before.

The reporter recently contacted the Yuzhong District People’s Court, but the other party said it was inconvenient to disclose the implementation of the case.

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