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Chapter 495 Infringement dispute over falling objects (10)

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    ?

    Liu Yupei said: "The defendant pleads."

    Lin Ziyao said: "I defend on behalf of the defendant: first, Wang Peng, the owner of 210, lives alone. On the day of the accident, Wang Peng was on a business trip in Guangzhou, and there was no one at home. The compensation liability of 202 households should be excluded. Second, the five-member family of 509  People, who traveled to Sanya, Hainan Province three days before the accident, and did not return home until three days after the accident, should also exclude 509 households¡¯ liability for compensation.¡±

    There was another commotion in the auditorium. Now two of the 18 owners have proved that they are not at home, and the remaining 16 owners are even more panicked.  It's like everyone is sitting in the same examination room, and the examination papers are difficult, but two usually inconspicuous students suddenly handed in a perfect paper.

    The owners of 210 and 509 sat in the public gallery and watched the judge's reaction closely.

    Liu Yupei still looked down at the file with his head down.

    The owners of 210 and 509 were a little disappointed. They thought the judge would at least respond.

    Lin Ziyao went on to say: "Second, on the day of the incident, the plaintiff parked his car at the bottom of Building No. 9. According to the monitoring provided by the community property, please watch the big screen"

    Immediately afterwards, the court's projector showed the situation on the big screen on the day of the incident.

    Lin Ziyao drew a circle on the car on the big screen with a laser pointer and said: "On the day of the incident, the plaintiff parked the car at the bottom of the ninth floor, and the right front wheel and right rear wheel drove into the green belt to stop.  The road in front of the door is not a planned parking space in the community, but a fire escape, and the plaintiff parked his car here, which is illegal parking. Therefore, he should also bear the responsibility for the damage to the vehicle."

    "That's right!" said the owner of Building No. 9.

    "It's too much for him to park his car downstairs and make us lose money."

    "In my opinion, it has nothing to do with us."

    "This female lawyer is still fine."

    There was a small commotion among the owners in the auditorium.

    "Silence!" Liu Yupei said.

    The owners in the auditorium shut up in twos and threes.

    When Lu Yaoli heard this, her face changed. There are not many parking spaces in the community. Usually, the fire exits in the community are almost full of cars.  The bricks in the house were smashed, what a disaster!

    Lin Ziyao said: "The defense is over."

    Fang Shouheng immediately said: "Judge, I have additional comments on the defendant's defense."

    Liu Yupei nodded, motioning for Fang Shouheng to add.

    Fang Shouheng said: "I disagree with the defendant's statement that the plaintiff's irregular parking caused the infringement, and the plaintiff needs to bear part of the losses. First, the infringement has four elements, that is, the infringement of the rights of others, the need for damages  Occurs, the behavior must be illegal, and there is a causal relationship between the behavior that infringes the rights of others and the damage. The plaintiff¡¯s parking behavior has no direct causal relationship with the accident. The direct cause of the vehicle damage is one of the residents in Building 9  Parabolic at high altitude. Second, the place where the plaintiff parked is the common area of ??the community, not a no-parking area. In recent years, the planned parking spaces in Cuihu Community cannot meet the increasing demand for cars from owners, so everyone usually parks in the community  Therefore, it cannot be said that the plaintiff parked indiscriminately; moreover, the plaintiff parked his car under Building No. 9, which did not cause any loss to any owner of the community.¡±

    After Fang Shouheng finished speaking, Lu Yaoli looked a little better, and she nodded to Fang Shouheng to express her approval.  (Remember the site URL: www.hlnovel.com
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