Woman who broke her bones while chasing a bus lost the first trial, but was awarded NT$220,000 in damages in the second trial

A woman surnamed Ying took a bus and got off the bus in Liugui District, Kaohsiung. Because her luggage was left on the bus, the driver closed the door and drove away without noticing. Ying was so angry that she chased the car and beat her. She lost her balance and fell, resulting in facial bone fractures and severe concussion. The woman lost the first trial, but the situation was reversed after the second trial. The Kaohsiung High Court found that the driver was indeed negligent and there was a causal relationship, and the passenger transport company and the driver were ordered to jointly and severally compensate more than NT$220,000.

The verdict pointed out that at around 4 pm on March 15, 2022, a woman surnamed Ying took a Kaohsiung passenger bus and got off the bus at the "Miaotong Temple Station" in Liugui District. Because she carried two pieces of luggage, she only took one piece of luggage and got off the bus, while the other one was still in the car.

Upon seeing this, the woman hurriedly shouted, slapped the car and chased after her. However, when the bus was turning, she lost her center of gravity and fell to the ground, causing facial bone fractures, concussion, fracture of the left humerus and other injuries. The woman filed a lawsuit to jointly and severally seek compensation from the passenger transport company and the driver for more than 510,000 yuan in medical expenses, transportation expenses and emotional comfort. However, the court of first instance held that there was no causal relationship between the car chase and the driver's closing the door, and ruled that the woman lost the case.

The woman appealed against the decision. During the trial at the Kaohsiung High Court, the judge held that when a professional driver stopped at a bus stop for passengers to get off the car, he had a duty of care to strictly ensure the safety of the passengers and to collect their belongings. The driver was chatting with others and neglected to notice that the woman had luggage in the car and then closed the door and started driving. There was a considerable causal relationship between his negligent behavior and the woman's injuries after chasing the car.

However, the judge also considered that the woman was at fault for chasing the moving bus on foot and failing to pay attention to her own safety. Based on the principle of offsetting negligence, the judge determined that the woman should bear 40% of the responsibility and Kaohsiung Passenger Transport should bear 60% of the responsibility. Therefore, the original judgment of the first instance was reversed and the passenger transport company and the driver should jointly pay the woman's medical expenses and emotional comfort payment, totaling more than 220,000 yuan. The whole case was settled.