It was learned from the Second People's Court of Dongguan that the court held that the driving school was not at fault in the process of training and treatment, and rejected the claim of the family of the deceased.
Case: sudden cardiac death while learning to drive.
On April 20 15, Ms. Li, who is in her thirties, went to a service point of an automobile driving training company in Da Lang, Dongguan, and signed up for motor vehicle driver training of C 1 model, and submitted a medical certificate. The medical certificate shows that Ms. Li has no health problems that do not meet the driver training conditions. On June 10, the company issued a student card to Ms. Li.
201June 12 at 9: 00 am, Ms. Li and three other trainees gathered at the registration service point of the training company in Da Lang, and a coach arranged for the above four trainees to have driving training for the road test. After the first three students took turns driving the coach car to study the road test, around 9: 40, Ms. Li took over driving the coach car to study the road test.
Unexpectedly, the accident happened soon. After driving about 800 meters, Ms. Li said that she was dizzy and then squatted on the steering wheel directly. The coach pulled over immediately. After parking, the coach and other students opened the doors to ventilate and adjusted the seats to let Ms. Li Lie come back. A student calls immediately 120. Upon the arrival of the ambulance, Ms. Li was taken to Da Lang Hospital for emergency treatment, but died on the same day after being rescued. The cause of death (inference) opinion issued by the hospital is sudden cardiac death. Ms. Li's rescue cost was more than 2,800 yuan, and the training company paid 2,000 yuan.
After the incident, the public security organs investigated this, and the coach and three other students all reported that Ms. Li was not found to have any abnormality that day.
On August 3, 20 16, the training company reached an agreement with Ms. Li's family, stipulating that the training company would voluntarily contribute 30,000 yuan as Ms. Li's burial expenses. If other liability issues are involved, they will be dealt with through judicial channels.
2065438+2006 10, Ms. Li's family sued the training company in the Second People's Court of Dongguan, demanding compensation of more than 360,000 yuan for death compensation and living expenses of dependents.
Family members:
The training company is at fault.
Ms. Li's family accused the training company of many mistakes. They think that the registration service point of the training company in Da Lang does not have the driver training qualification, and there is no special driver training place. The training section is close to the expressway exit, and there are many vehicles coming and going, which causes great psychological pressure to the students. When Ms. Li had a sudden illness, she was not equipped with necessary therapeutic drugs and follow-up medical staff during training in hot season, and the training section was remote, which brought inconvenience to the treatment of sudden illness.
Court: The driving school is not at fault for the death of the students.
The court held through trial that whether the training company should be liable for Ms. Li's death depends on whether the company is at fault.
The court held that, first of all, the training company has the qualification of driver training, and Ms. Li's medical certificate shows that her physical condition meets the training conditions. Ms. Li is trained by a qualified coach and can be trained in driving operation according to law.
Secondly, Ms. Li's family said that the training section was remote and there were many trainees under the guidance of a coach, but there was no violation of the mandatory provisions of laws and regulations during the driver training.
Third, on the day of the incident, according to the coach and other students, Ms. Li did not have any mental or physical abnormalities before the incident. She fainted after driving test training, which was an emergency, and the cause of death issued by medical institutions also showed that it was a sudden illness. After the incident, the coach and other students took timely response measures, including adjusting seats to let Ms. Li relax and calling for medical assistance, etc., and they have fulfilled their security obligations. Ms. Li's family said that the training company was not equipped with therapeutic drugs and follow-up medical staff. Judging from the conditions stipulated in the Regulations on the Administration of Motor Vehicle Driver Training to engage in the training of ordinary motor vehicle drivers, this requirement does not conform to the provisions of laws and regulations. Therefore, the training company is not at fault for Ms. Li's death and does not need to bear the liability for compensation.
The court then made a first-instance judgment and rejected all the claims of Ms. Li's family. After the verdict was issued, neither party appealed. The verdict has come into effect.
Although the driving school is very dark! But I hate those who touch the edge and ask the lion for money!