Judge2

Judge: be seated. Counselor ,please state your case.Prosecutor（检察官）: my parties is a 70-year old woman .on may 1st2010 ,she was preparing food for a wedding aside the road .but she was struck by a rushing cab and fell into a huge pot of soup. She had stay in hospital for one week, and cost 50000 yuan .so ,she ask for 180000yuan in compensation for medical fee and mental lose .my parties ,is this man in the dock who exactly struck you…Plaintiff （原告）:yes, it’s him.i can’t forge t him.Prosecutor: ok ,I rest my case, your honor.Judge: now ,please let the Defendant state your facts.Defendant:: your honor ,my statements are as follow. i have driven a cab for nearly 20 years, i am a experienced driver.On the day, it is misty, the visibility is poor.so I slow down on the speed than usual,of course, i was driving at the limited speed. Corner of the road, I saw a fuzzy point about 200 meters away ., I slow down once again , and pressed the horn several times, but the object is still no response. When approaching to the object, about a distance of 50 meters, I saw clearly there was an old woman, I pressed the horn and braked as quickly as possible. She was panic and her body lose its balance, fell into a huge pot of soup. In my rich experience to see, I controled my car in time and did not touch her body, it is self-evident. Therefore, the main cause of the accident is her personal reasons. Prosecutor : I object, your honor.Judge: objection sustained.Prosecutor: experience is not equel to fact. The fact is that he was driving fast that day.Judge: do you have any evidence ?like a tape, to support you. Prosecutor: no ,I haven’t. the road is located in the suburbs, there is no camera there. But we have a witness who saw the scene on the spot. Judge: call the witness to the stand.Witness: as a Witness, I swear to tell the truth.Prosecutor: where were you when the accident happened.Witness: I was just crossing the road ,close to the spot.Prosecutor : is this man standing in the dock who crashed the elderly lady?Witness: yes , I’m pretty sure.Prosecutor : So you still remember how fast the cab was?Witness: in my opinion, relative to the other car on the road, this one is driving a little fast.Attorney（律师）: I object.Judge :objection sustained.Attorney :when did you start to notice that cab.Witness : I heard a sharp brake sound, turned and saw the taxi crashed the elderly woman.Attorney :it is saying that you didn’t notice this cab. As we all know, people always think the car is fast when he heard a break. So ,your honor, I think what the witness said can’t wit that my parties was driving fast.Witness :But, the cab still went on a distance after the break. If a car is not fast, it won't slide that far.Attorney : Do you remember how far the cab went.Witness : about 6 meters long.Attorney : it rained, the road was wet, it is not surprising that a slowly drove cab such went on a distanceProsecutor :I object.Judge :objection sustained.Prosecutor: the statement of Defense lawyers is just speculation, not as a car unpleasant evidence.Judge: court adjourned.Judge: After careful consideration, according to polic e’s data. The cab was over the limited speed of that road. Do the defense lawyer have any objections.Attorney: it’s not all of my parties responsibility. The condition of the road was very bad, it’s full of potholes. My parties lost the control of the cab when he passed a big hole. The plaintiff ,can you tell what the condition is of the road?Plaintiff: The way that whole region destroyed for a long time, indeed some pothole .Attorney: have You heard horn?Plaintiff: Yes, but the car was already close to me, I can’t reflect in time . Attorney: So, where did the cab strike you.Plaintiff: buttocks, then I lost my balance and fell into the soup.Attorney: did your buttocks hurt badly?Plaintiff: my buttocks don’t hurt badly, but my hands are badly scalded . Attorney: your honor, my parties just hit the buttocks of this lady, and her buttocks was not badly hurt. Can we put all the responsibility on my parties. Prosecutor: I object.Judge: objection sustained.Prosecutor: hitting on the buttocks contributes to the burns. Who should we put this responsibility on if we don’t put it o n the defendant.Judge: court adjourned.Judge: we will talk about this issue later. the defendant, do you have any objections about the compensation offered by the plaintiff.Attorney : my parties thinks that the compensation is too high. According to the medical fee \ mental lose and the part of responsibility my parties should take, my parties can only offer 20000 in compensation.Judge: the prosecutor ,what do you think .Prosecutor: I stick to my point.Judge: court adjourned.Judge: after careful consideration, the court think both side should take part of responsibility, the defendant in main. So the defendant should still pay for this elderly lady 25000 yuan. Ok the court is over.。