Lu Wentao finally successfully took over the case of Zhou Hongtao and his sister, and he was very concerned about it and started working immediately.
In the last case that just ended, he took advantage of Zhang Wei, which made him famous and his career was in a critical period of improvement.
At this time, there is an urgent need for several beautiful victories to further consolidate your reputation and improve your status.
This case of Zhou Hongtao is very suitable.
Difficult and controversial.
If he can win, Lu Wentao's reputation will definitely increase again, and he will be completely ranked among the top Dalu.
Naturally, Lu Wentao worked very hard. On the one hand, he went to the store in person to check the store to obtain first-hand information, and also consulted the police for relevant files.
On the other hand, he asked his assistant to accompany Zhou Hongtao and Zhou Yunan to the hospital to sort out all of Zhou Kaihe's hospital expenses, and also to quantify the personal damage compensation.
The so-called personal injury compensation refers to the legal relief system that the law provides to the infringed person or his close relatives whose rights to life, body, and health have been infringed in the form of tort liability for compensation for losses.
To put it simply, if you violate someone else's right to life, body, or health, causing the other person's death, disability, and other damages, you need to pay certain compensation.
Article 1179 of the Civil Code clearly stipulates the scope of personal injury compensation: If someone infringes upon another person and causes personal injury, he shall be compensated for medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospitalization food subsidies, etc. for treatment and
Reasonable expenses for rehabilitation and loss of income due to missed work.
If disability is caused, compensation for assistive devices and disability compensation shall also be made;
If death is caused, funeral expenses and death compensation should also be compensated.
For example, if Zhang San hits Li Si with his car and becomes disabled, he needs to pay a large sum of money. This compensation is actually personal injury compensation.
The brother and sister Zhou Hongtao didn't understand the law, they just insisted that someone had to be responsible for their father's death. To put it bluntly, they actually wanted to extort a sum of money from Jiang Bai.
For Lu Wentao, the truth is not important. What is important is how to reasonably use the relevant provisions of laws and regulations to link the matter to the owner of the shop, so that he can bear the personal damage compensation.
If this effect is achieved, the lawsuit will be won.
Lu Wentao took this case very seriously and was very efficient.
In the afternoon of the next day, I compiled the materials and took the two parties to the court to file a lawsuit.
Although the staff of the Case Registration Center often come into contact with some bizarre cases due to their special duties, including many unreasonable litigation claims, the outrageousness of this case still shocked him.
A thief stole something from someone else's house, accidentally fell to his death, and still had the nerve to demand compensation from the householder?
This is too shameless!
The staff glanced at the people in front of the window.
Although I was full of contempt in my heart, the other party had sufficient materials and complete procedures. In theory, it did meet the requirements for filing a case.
Not all civil litigation courts will accept it.
The Civil Procedure Law clearly stipulates many situations in which the court will not accept the case. For example, the plaintiff is not qualified, that is, the plaintiff has no direct interest in the case; for example, the plaintiff cannot name a clear defendant when suing; for example, the court has no jurisdiction; and for example, the plaintiff in the original trial
Repeated prosecution after withdrawal of prosecution in second instance proceedings…
But this case fully meets the requirements for filing a case.
There is no other way. According to regulations, we can only make a decision to file a case.
Another day passed and Jiang Bai received a notice from the court.
Generally speaking, in such civil cases, the court prefers that both parties reconcile, which is conducive to social harmony and avoids waste of judicial resources.
This time is no exception.
Jiang Bai was self-righteous, and he also wanted to see what ivory these shameless siblings could spit out of their mouths.
At three o'clock in the afternoon.
Jiang Bai and Luo Dazhuang came to the mediation room of Binjiang District Intermediate People's Court.
When they arrived, the other party had already arrived.
Not to mention Zhou Hongtao and Zhou Yunan, the other parties involved in the case are lawyer Lu Wentao.
Jiang Bai took a look and said, hey, it’s still a familiar face.
I can only say that Dragon City is still small.
After seeing Jiang Bai and the others come in, Zhou Yunan folded her arms and made a sound, rolling her eyes almost to the sky.
Zhou Hongtao also had an unkind expression and cold eyes.
But Lu Wentao is different.
His pupils shrank, his face suddenly changed, his body tensed instantly, and he instinctively straightened his waist, looking cautious.
Mist grass!
Teacher Luo?
How could he take such a case?
If we divide the ranks of Longcheng lawyers, Zhang Wei and Chen Mengzhe are considered to be in the T1 echelon. Lu Wentao was originally in the T2 echelon, but after the last case, he took a half step upward, but he has not officially reached the T1 level, which is almost half a step.
Let’s go to T1.
And Luo Dazhuang is a well-deserved T0 level!
There is a gulf between the two!
Lu Wentao suddenly felt anxious and inexplicably nervous.
But at this moment, after all, the two sides are in an antagonistic relationship, and he must not show too much cowardice, otherwise the lawsuit will be completely unwinnable.
So he just nodded to Luo Dazhuang.
The latter also nodded lightly in response.
Both parties took their seats on either side of the long table.
Both Zhou Hongtao and his sister came with big eyes, as if they wanted to gain the upper hand in terms of momentum, but Lu Wentao's eyes flickered, erratic, and seemed a little guilty.
Anyway, no matter what happened to the other party, Jiang Bai and Luo Dazhuang didn't pay much attention, and whispered something as if no one was around.
Soon, the judge and clerk in charge of the case came in.
This judge is also an old acquaintance.
It was Song Guangming, the president of the First Civil Tribunal, who was in charge of hearing the case where Jiang Bai sued Xiaohe's family.
Song Guangming glanced at him, said hello to Luo Dazhuang, and then introduced both parties.
"These two are the plaintiffs, Mr. Zhou Hongtao and Ms. Zhou Yunan, and this is the plaintiff's attorney, lawyer Lu Wentao."
"This is the defendant, Mr. Jiang Bai, and his attorney, lawyer Luo Fei."
"I am Song Guangming, the president of our First People's Court. I will preside over today's mediation. I have no other purpose in calling you both here. I just want to resolve your conflicts. We can talk about anything."
"Mr. Zhou, please tell me your request first."
Song Guangming looked at Zhou Hongtao.
The latter said "hmm", looked at Jiang Bai opposite, and said: "My request is actually very simple. My father fell to death in Mr. Jiang's shop, and he must be responsible for it!"
"First, compensate my father for the medical expenses of 18,569.45 yuan incurred when he was hospitalized for rescue."
"Second, compensate my sister and I for lost work time, transportation expenses, mental damage solatium, etc., totaling 7,000 yuan."
"Third, compensate my father's death compensation of 800,000 yuan, and subsequent funeral expenses of 30,000 yuan."
"The total compensation required is 855,569.45 yuan."
"In addition, a public apology and repentance are needed to comfort my father's spirit in heaven!"
As soon as he finished speaking, Jiang Bai sneered and said, "Mr. Zhou, these demands you mentioned are, with all due respect, impossible!"
"Your father entered my shop without permission. This behavior is suspected of burglary!"
"It's just that he has passed away, so I won't hold this responsibility accountable. But it's ridiculous for you to want to put this responsibility on me and ask me to compensate!"
"I won't pay a penny, and it's even more impossible to apologize!"
Jiang Bai's attitude was extremely tough.
Are you kidding me? I am compensating and apologizing, and the amount of the claim is actually as high as over 800,000 yuan!?
How dare you speak up.
"Jiang Bai! Don't be too arrogant! You killed my father, and we are kindhearted enough to not send you to prison but to just ask you to pay compensation." Zhou Hongtao frowned.
Jiang Bai smiled sarcastically: "So you still want to send me to prison. Okay, don't be so kind. Anyway, I'm in the court now. Why don't you drop by the case registration center and submit a criminal private prosecution?
?I also want to see what charges you are planning to send me in."
"you!……"
Zhou Hongtao's expression froze, and for a moment he didn't know what to say.
He also saw that Jiang Bai was young, so he planned to suppress him strongly at the beginning, causing him to lose his position.
In the end, Jiang Bai didn't mess up, but he himself did...
If Zhou Hongtao had known that Jiang Bai had sent tens of thousands of people to prison and had gone to the court dozens of times, he might not have such naive thoughts.
At this time, Zhou Yunan glared at Jiang Bai and shouted: "Jiang! Do you still have humanity? My father is dead, and you are here to say such sarcastic words! You are simply not human! I tell you, this matter
You must be responsible, otherwise we will never be done with you!"
Jiang Bai laughed angrily, shook his head and said, "To put it bluntly, what does your father's death have to do with me?"
"According to authoritative statistics, 1.8 people die every second in the world, which is more than 150,000 people a day."
"So many people passed away for one reason or another. Your father is just one of them. What's so special about it? Why should I be responsible?"
Jiang Bai stared straight at Zhou Yunan: "Don't you think it's funny when you say this?"
Zhou Yunan was so angry that she gasped for air.
Seeing that she was about to get angry, Lu Wentao quickly calmed her down, looked at Jiang Bai for a moment, cleared his throat and said: "Mr. Jiang, you said that you had nothing to do with Mr. Zhou Kaihe's death. Is that true?
Is that so?"
"There are no protective measures on the stairs of your store and the stairwell on the second floor, and there are sharp objects piled under the stairs. All of this has caused your store to actually pose a huge safety hazard and make mistakes."
"In addition, no reminder signs were posted in the store, and the reminder obligation was not fulfilled."
"Therefore, you must bear some responsibility for Mr. Zhou Kaihe's death. Even if you go to court, we have a greater chance of winning."
"Judge Song is right. This is just a civil dispute. There is really no need for us to waste judicial resources. It is best to reach a consensus through private settlement."
"Wait a minute," Luo Dazhuang looked at Lu Wentao with slightly narrowed eyes and said slowly: "You just said that you have a better chance of winning in court? Young man, do you know who I am?"
"Ah this..."
Lu Wentao was immediately embarrassed.
Suddenly I remembered a rumor that was widely circulated in the world.
What abnormal performance, normal performance, extraordinary performance, extreme performance...
It makes people tremble when they hear it.
"Mr. Luo, I didn't mean that." Lu Wentao swallowed, smiled awkwardly, and then quickly changed the subject and looked at Jiang Bai and said: "Mr. Jiang, if you feel that the compensation of more than 800,000 yuan exceeds your psychological expectations, we can
Consider reducing it a little if appropriate, these are all negotiable."
Jiang Bai nodded slowly: "Eight hundred thousand is indeed beyond my psychological expectations."
Seeing this situation, Lu Wentao's smile deepened and he said, "Then how much compensation do you think is acceptable?"
"Zero." Jiang Bai spat out one word lightly.
"What?"
"I mean..."
Jiang Bai raised the corners of his mouth slightly and said, "Not paying a cent is my psychological expectation."
"You are making it very difficult for me." Lu Wentao's face darkened and his voice became much deeper.
"Difficult to handle?"
Jiang Bai sneered, looked at Luo Dazhuang beside him, and then stood up directly: "If it's difficult to handle, then don't do it!"
After saying that, the two turned around and walked out.
"Hey Lao Luo, why are you still so impatient..." Song Guangming was helpless.
This was the case last time when I was mediating with the Xiaoheshan representative. He got up and left as soon as he disagreed.
This time again...
After all, Song Guangming had the previous experience and was not particularly surprised by the behavior of Jiang Bai and Luo Dazhuang, but Lu Wentao was confused.
He has been a lawyer for more than ten years and has participated in hundreds to hundreds of mediations.
Isn’t this mediation just the two parties sitting down and negotiating?
Bargaining, testing each other, coming and going...
Is there any reason to give up the fight if you don't agree?
"Teacher Luo, Mr. Jiang, if you have any opinions on the conditions, we can discuss them." Lu Wentao stood up quickly and said.
Jiang Bai turned around and said: "Lawyer Lu, I have made it very clear just now. I will not pay a penny. If you are willing to withdraw the lawsuit, withdraw it. If you are not willing to withdraw the lawsuit, we will see you in court. It's as simple as that."
"But judging from the looks of your two clients, I guess they won't withdraw the lawsuit."
"Then there's no need to continue talking."
"Judge Song, let's leave first."
After saying that, he and Luo Dazhuang left together.
Lu Wentao looked at the backs of the two people, his eyes slightly focused, not knowing what he was thinking.
Zhou Hongtao and Zhou Yunan's brother and sister looked uglier than the other. They felt that Jiang Bai was too arrogant and bullying!
Song Guangming shook his head helplessly, looked at the three of them and said, "Three of you, this is the end of today's mediation. You have just seen the other party's attitude. He is very firm and refuses to compensate. If you must ask for compensation from the other party,
If so, the only option is to go to court. But I personally suggest you think about this matter more."
After saying that, he stood up and left.
Song Guangming has a special status and cannot say too much.
That’s all.
Whether they can listen to it or not depends on them.
"Lawyer Lu, what should we do now?" Zhou Yunan asked with a frown.
Lu Wentao frowned slightly, took a deep breath and spoke slowly: "Since the other party refuses to take a step back, then we can only fight in court to find out the outcome."