[Brief introduction of details of a case]
Zhang Mou begins employ Gao Mou to drive since September 2003 him Zhang Mou agricultural four-wheeler is engaged in running an activity. Feburary 2004, gao Mou is carrying Zhang Mou to drive this car goes somewhere traffic goods. That day afternoon, gao Mou with speed per hour the 60 speed to 70 kilometers drive this car goes to the highway in some village village (there is a single dotted line in the road) , discover 30 meters of far have the front suddenly two children walk across highway, its step on brake hastily, but because weather is misty at that time, road surface is wet slip, and braking system is ineffective, cause car happening horizontal stroke to slip, collide with these two children happening, lead to one person death, the traffic accident that one person is injured. That day, get hurt children is sent hospital hospitalization, be in hospital 134 days, cost medical treatment expends 32791.31 yuan. After accident happening, door of the Ministry of Public Security is made according to spot reconnaissance circumstance " this matter reason cannot determine accident blame " conclusion. Via appraisal of legal medical expert, get hurt the injury affection of children cracks fracture of injury, occipital for cerebral defeat, former hair head does damage, parenchyma of woman's head-ornaments ministry contuses, injury affection already formed 7 class to disable, because its age is still small, its intelligence and mental state did not undertake disabling assess. Door of the Ministry of Public Security undertakes technical appraisement to cause trouble car, maintain this agricultural the braking system of four-wheeler is unqualified, gao Mou also admits problem of existence of this car apply the brake. Get hurt after children leaves hospital, fall victim the parents of two children tells Zhang Mou, Gao Mou the court, ask 2 people compensate for dead compensation, funeral expenses, delay one's work cost, medical treatment cost, nurse compensation of cost, disability and spirit damage solatium to wait add up to 158304.56 yuan.
[Have a difference of opinions]
This case is in cognizance, put in two kinds of different opinions. The first kind of opinion thinks, in undertaking service activity for Zhang Mou, Gao Mou sends a person to damage, employer Zhang Mou ought to assume liability to pay compensation, reason is right the loss of accuser, should undertake compensatory by him Zhang Mou, reject the pecuniary loss that accuser asks Gao Mou is compensated for; The 2nd kind of opinion thinks, in undertaking service activity for Zhang Mou, Gao Mou sends a person to damage really, zhang Mou assumes liability to pay compensation to be oppugned without commonplace as employer, but the court should give to behavior of driver Gao Mou maintain, if Gao Mou has gross error action, its ought to assume implicative liability to pay compensation with Zhang Mou.
[The case reviews analyse]
To the processing of this case, the author agrees with the 2nd kind of opinion. Reason is as follows:
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