Re: drivers hit people when they go out on business, and the unit is responsible for 80%
Wang Xian, the chief judge of the case, is the focus of this case, the focus of the dispute is whether the defendant Sun Shuai's behavior of driving a private car at the time of a traffic accident is to perform his duties. The court believes that whether or not to determine whether or not a job is a job should be seen whether the actor is a staff member of the employment relationship or not, whether the behavior occurs in the working time, the workplace, and whether the content of the behavior is in accordance with the employer's employment purposes.
whether the defendant Sun Shuai's behavior is in accordance with the purpose of the employer's employment, the defendant, Sun Shuai, has insisted on giving wine to the company from the time of the accident to the court. The defendant state well Liquor Co., Ltd. proposed that sun Shuai did not perform his duties at that time. During the trial, he applied for a witness in court to testify, and the testimony of Wang XXX before and after the testimony of the witness was inconsistent, the content was completely different and the court refused to accept the letter; the testimony of Sun Shuai, the witness, could not confirm the nature of the defendant Sun Shuai's behavior when the accident happened. And the traffic accident occurred in October 9, 2016, the day is not a holiday, is a normal working day, the specific time at 9:30 in the morning, also belong to the working time. The location of the accident occurred on the east side of the entrance of the Shandong Normal University on the east side of the Cultural East Road, which occurred within the reasonable route of the meeting place stated by the defendant sun Shuai to the warehouse.
when the accident occurred, the defendant state wine industry Co., Ltd. also recognized the defendant Sun Shuai as his company staff; in addition, the defendant Sun Shuai submitted a hotel staff in Ji'nan to prove a copy, confirmed that the defendant Sun Shuai promised to send him 46 degrees in a case in the morning of October 9, 2016. The statement, however, confirmed the types of liquor made by the defendant Sun Shuai, which was also consistent with the proof submitted by the defendant, Sun Shuai, and the defendant state wine industry Co., Ltd. submitted its company vehicle management regulations to confirm that it does not allow employees to drive private vehicles to perform their duties, but this is only the case. The internal regulations of the company stipulate whether the duty behavior can not be identified by the internal regulations of a company.
the driver's company was found to be compensated 320 thousand
through the original defendant's statement, proof and the whole trial process. The court held that the defendant Sun Shuai performed his duties when the accident occurred. The defendant state well Liquor Co., Ltd. shall be responsible for the loss caused by the plaintiff because of the traffic accident. Liability for compensation. Considering the actual situation of this case and referring to the relevant standards, the Yanshan court in Ji'nan, the court of the Ji'nan calendar, confirmed that the plaintiff was responsible for 20% of the liability according to law, and the defendant Sun Shuai took the responsibility of 80%; therefore, the defendant state Winery Co., Ltd. shall bear 80% of the compensation responsibility for the loss of the plaintiff Liu Wei.
Liu Yiwei, the plaintiff, advocated compensation for more than 40 yuan of medical expenses, 6700 yuan in hospital allowance and 1000 yuan for transportation, and submitted a medical record, a list of expenses, and related invoices to be supported by the court. Liu Yiwei, the plaintiff, advocated 10000 yuan for medical expenses and 1000 yuan for traffic charges by the Zibo branch of the Yongan finance and insurance company of the defendant, which is under the limit of the limit of the insurance. The medical fee of 10000 yuan has been paid by the Zibo branch of Yongan finance and insurance company, and the case is no longer involved. More than 39 yuan of medical expenses and 6700 yuan of allowance for hospitalization were exceeded. The defendant state well Liquor Co., Ltd. was liable for compensation in proportion to 80%.
the court of the Yanshan court of Ji'nan, the court of the Ji'nan calendar, believes that the plaintiff Liu Yiwei failed to prove that the defendant seal cyanine and the defendant in Shandong have been guilty of the fault and other liability for the accident in the case of the other two defendant Zhang Jing Jing and the Limited by Share Ltd wring the well in the case. Therefore, the court held that the defendant, Zhang Jingjing and defendant, Shandong, could not be held responsible for the loss of plaintiff Liu Yiwei.
according to the relevant provisions of "tort liability law", "road traffic safety law", "Civil Procedure Law", the Yanshan court of the lower court of Ji'nan has decided to compensate the plaintiff Liu Yiwei for 1000 yuan for the traffic fee by the Zibo branch of the Yongan finance and insurance company, and the defendant state well Liquor Co., Ltd. to compensate the plaintiff Liu Yiwei for medical expenses and live A total of 32 yuan for the cost of food subsidies is included, including the amount of more than 4.4 yuan paid by the defendant Sun Shuai.