Landmark victory in moldy sugarcane death case: Client visits to present a banner of gratitude!
On November 27th, Ms. Huang, a party involved in a moldy sugarcane poisoning death case led by Director Wang Tengfeng and a team of lawyers including Zhang Yong, Cao Guanghui, Guo Yixuan, and Peng Lianlian (intern lawyer), came to Zhiming Law Firm with gratitude to present a banner to the lawyers who handled the case. After years of persistence and skillful use of literary and artistic rights protection litigation, the legal team transformed passivity into active pursuit on the basis of partial victory in the first instance, and finally won the second instance completely. They successfully upheld justice for their grievances and upheld the dignity of the law, expressing great gratitude and admiration.
The incident began when the victim's son, after eating sugarcane purchased from a certain supermarket on the evening of February 10, 2015, experienced symptoms such as convulsions, blindness, and coma. When rushed to the hospital for emergency treatment, his breathing and pulse stopped, and he died despite medical efforts. In April 2015, the law firm filed a lawsuit with the Longgang District Court regarding a dispute over the right to life. The court of first instance held that there was sufficient evidence to establish a causal link between the victim's death and the consumption of moldy sugarcane. However, based on the principle of fairness, the plaintiff was found to have some fault in the case, and the court ruled that the defendant, Xinmousheng Supermarket, bore primary responsibility, assuming 60% of the compensation liability, while the plaintiff bore 40% of the responsibility. Accordingly, the court ordered Xinmousheng Supermarket to compensate the plaintiff for various losses totaling over 700,000 RMB.
After the first instance verdict, neither the plaintiff nor the defendant stopped there. The defendant Xin Mousheng Shopping Mall appealed to the court, claiming that the facts of the first instance judgment were unclear and important procedures were omitted. We also appealed to the court on the grounds that the first instance court's judgment improperly reduced the defendant's responsibility. After the second instance trial by the Shenzhen Intermediate People's Court, the claims of our party Yan's family in this case were fully supported. The court changed the first instance judgment and awarded our party a compensation amount of 125 yuan for various damages, which was created by Zhiming; Lawsuit for the Protection of Literary and Artistic Rights; Produce fruitful results again.
