Bus Door Accident Leads to CNY 28,195 Award
In this case, the court addressed a personal injury dispute arising from a bus door incident. The plaintiff, a passenger, was injured when the bus driver closed the door while she was boarding. She sued the driver, the bus company, and the insurance carrier. The court found the driver negligent but held the bus company liable as his employer. The insurance company was ordered to pay compensation within the compulsory insurance limit.
The accident occurred on November 5, 2010, at a bus stop in Eastern China City. The driver, Mr. Zhang, was operating a bus owned by Eastern China City Public Transport Group Co. As he closed the door, he failed to notice the plaintiff, Ms. Wang, still boarding. The door caught her, causing her to fall and sustain injuries to her head and lower back. The traffic police determined that Mr. Zhang bore full responsibility. Ms. Wang was hospitalised for 17 days and later required outpatient treatment. She claimed total damages of CNY 51,717.34, including medical expenses, nursing fees, and compensation for pain and suffering.
During the hearing, both sides presented evidence. Ms. Wang submitted the accident report, medical records, invoices for treatment and care, and a doctor’s note recommending one month of bed rest at home. The insurance company challenged the relevance of some post-discharge medical costs and the length of nursing care. It applied for a forensic evaluation. The court commissioned a judicial appraisal institute to review the medical charges and determine the necessary nursing period. The institute issued a report concluding that a 47-day nursing period was appropriate and that certain medical expenses, totaling CNY 496.20, were unrelated to the accident. It also identified that some outpatient costs were for pre-existing conditions like thyroid disease.
The court held that Mr. Zhang was negligent in closing the bus door, causing Ms. Wang’s injuries. Since he was acting within the scope of his employment, his employer, the bus company, bore vicarious liability. Because the bus was insured under a compulsory motor vehicle liability policy, the insurance company was required to pay first within the CNY 122,000 policy limit. The court found that the insurance company’s objections to certain medical expenses were partly valid based on the forensic report.
On the legal analysis, the court emphasized that an employer is responsible for an employee’s acts performed in the course of duty. The insurance company’s liability under the compulsory policy is separate from and prior to the employer’s liability. The court also applied the forensic findings to exclude costs not caused by the accident. For example, it disallowed treatment for thyroid issues and a health pot purchase. Nursing care was awarded for 47 days based on the expert opinion, even though the doctor’s note only mentioned one month. The court further held that while Ms. Wang did not suffer permanent disability, her injuries warranted modest compensation for pain and suffering.
In summary, the court awarded Ms. Wang total damages of CNY 28,194.60, comprising medical expenses of CNY 21,439.60, hospital meals of CNY 255, nursing fees of CNY 4,100, transportation costs of CNY 500, nutrition allowance of CNY 400, and CNY 1,500 for emotional distress. The insurance company was ordered to pay this amount to Ms. Wang. Additionally, because the bus company had already paid CNY 18,237.74 (including meals), the insurance company was directed to reimburse the bus company CNY 17,982.54 after deducting the meal costs. This case illustrates how forensic evaluations can clarify disputed medical expenses and care periods in personal injury litigation.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.