Riding on “cheesecakes” was the reason for the lawsuit
[ad_1]
The case will be considered by the fourth court instance.
Violation of the rules of riding the “cheesecake” was the subject of three court proceedings. As a result of the last of them, the case was sent for retrial.
As it became known to MK, the incident occurred on Christmas Day 2021 in Nizhny Novgorod. Plaintiff Innokenty (names have been changed), who was riding down a snow-covered slope in a “cheesecake” with a child, suddenly stopped halfway and left his vehicle. To his misfortune, Nikolai and his wife and relative were rushing right behind him on “cheesecakes”. It’s generally difficult to maneuver on an inflatable “donut”, and Nikolai, on top of everything else, was driving in the middle, so there was no chance of swerving, and he crashed into Innokenty at full speed. As a result, the victim of the collision sustained an injury that rendered him unable to work for three months.
Innokenty appealed to the police, but they refused to open a criminal case. At the same time, a forensic medical examination established that the collision still caused Innokenty medium severity. And the affected city dweller filed a lawsuit for compensation for lost earnings for January-March 2021, compensation for moral damage, losses and court costs. Nikolai presented the expert’s opinion that during the descent he had no way to stop the “cheesecake”, so the collision was inevitable. Agreeing that he was innocent, the court nevertheless decided to recover half of the required amount from the citizen. In the court of appeal, this decision was left unchanged, indicating that “the damage caused to the plaintiff by the guilty actions of the defendant is confirmed by the totality of the evidence examined.” That was completely inconsistent with the findings of the district court. With such a strange decision (not guilty, but must pay), they did not agree in the First Court of Cassation of General Jurisdiction. As a result, the Judicial Collegium for Civil Cases decided to send the case back for a second appeal hearing.
[ad_2]
Source link
