
屏東縣姚姓老翁2022年5月29日途經恆春鎮環城步道時,被突起的地磚絆倒,送醫後於6月8日因高位頸椎骨折導致神經性休克死亡。其三名子女聲請國家賠償,屏東地院一審判恆春鎮公所負維護責任,認定死亡與地磚突起具因果關係,判賠384萬5757元。恆春鎮公所兩度上訴,均被高等法院高雄分院及最高法院駁回,全案確定。
AI-generated summary
姚姓老翁於2022年5月29日途經屏東縣恆春鎮環城步道時,被突起的地磚絆倒,送醫後於6月8日因高位頸椎骨折導致神經性休克死亡。其三名子女認為恆春鎮公所未善盡管理維護責任,故聲請國家賠償。
屏東縣姚姓老翁途經恆春鎮環城步道時,不慎被突起的地磚絆倒,送醫搶救後宣告不治,姚翁3名子女聲請國家賠償。屏東地院一審認為,恆春鎮公所應負維護責任,且姚翁死亡與地磚突起具因果關係,判賠384萬5757元。恆春鎮公所接連提起2次上訴,但先後被高等法院高雄分院、最高法院駁回。全案確定。
判決指出,姚姓老翁2022年5月29日下午行經屏東縣恆春鎮環城步道時,被突起的地磚絆倒,送醫搶救以後於6月8日因高位頸椎骨折,導致神經性休克而亡。
請繼續往下閱讀...
姚翁3名子女認為,姚翁不幸身亡是因為恆春鎮公所作為該步道的管理機關,卻未能善盡管理維護責任,且現場也未設置警告標示,故提出國賠官司,求償姚翁的醫療費、喪葬費以及精神慰撫金共128萬1919元。
恆春鎮公所主張,環城步道屬文化古蹟之附屬設施,土地謄本登載管理者為屏東縣政府,管理維護也應由縣府負責,並認為家屬提出的影像無法證明姚翁跌倒是步道地磚突起所致,更否認姚翁身亡和地磚突起有因果關係。
屏東地院一審認定,恆春鎮公所是該步道的管理單位,有維護責任。根據案發照片中,姚翁鞋子的落腳點有地磚突起情形,而針對地磚突起恆春鎮公所理應維修或設置警告標示,故認定姚翁死亡與地磚突起具因果關係,判3名子女獲賠各128萬1919元,共384萬5757元。
恆春鎮公所不服提出上訴,高雄高分院認為原審判決並無違誤,故駁回上訴;案再上訴至三審,被最高法院駁回,全案確定。

During the National Day holiday, the Hangzhou Procuratorate incorporated the safety of high-risk tourism and sports projects into public interest litigation and people's livelihood matters, used digital means to accurately detect safety hazards such as unlicensed operations and aging equipment, and coordinated with administrative departments to promote a closed loop of problem rectification and use cases to promote treatment and build a long-term supervision mechanism.

Britain's disgraced former prince Andrew Mountbatten-Windsor has launched a High Court challenge to quash search warrants obtained by Thames Valley Police ahead of his arrest for suspected misconduct in public office.

The High Court held a hearing on the Kuomintang political donation and breach of trust case. Accountant Duan Muzheng pleaded guilty and appealed only against the sentencing. His legal team advocated separate trials and pointed out that Duanmuzheng did not commit serious crimes and the collegial panel will evaluate whether to conduct separate trials.

The gay bar "Commander D" in Taipei, Taiwan was raided by the police on October 3 and many people were taken away. During the period, it was reported that the police officers were suspected of making inappropriate remarks such as discriminating against people with disabilities. The incident triggered over a hundred people to protest at the police station. The police later confirmed that six police officers had acted inappropriately and had been reprimanded and punished.

A man surnamed Ling ran a pig farm in partnership with Zheng Nan and Li Nan. He sold 75 pigs without consent and used 150,000 yuan in front money. The Pingtung District Court sentenced him to 10 months in prison for business embezzlement. The second instance of the Kaohsiung High Court found that it should be a civil dispute and Ling Nan was found not guilty.

Former Taipei University of Technology professor Wang Longchang was acquitted of the Nangang Exhibition Hall project bidding fraud case. The key lies in the inconsistent testimony of Huang Wei'an, the special assistant to the chairman of Rio Tinto Construction who accused him of accepting bribes, and the lack of objective evidence such as cash flow to reinforce it. Crime prevention experts point out that although tainted witnesses can help expose hidden crimes, they may falsely accuse others in order to reduce their sentences. Therefore, when forming free evidence, the court still needs to fully investigate objective evidence that is favorable to the defendant and explain the reasons for acceptance or rejection to avoid miscarriage of justice.