The man surnamed Wen was killed by a road collapse on his way home from get off work in the early morning. Wen's wife filed a state compensation lawsuit. The High Court even found that the street tree at that time collapsed due to strong wind and rain and caused disasters. Wen's wife lost the case.

(Photo by reporter Yang Guowen)

[Reporter Yang Guowen/Taipei Report] A man surnamed Wen in Taoyuan City rode a motorcycle through a road in Bade District, Taoyuan City in the early morning after get off work. He was crushed by a fallen tree and was sent to the hospital. Compensation was more than 8.36 million yuan. The high court determined in the first instance that the sudden accident was caused by the collapse of the street tree caused by force majeure factors such as strong wind and rain at the time of the incident. It should be unforeseeable and there is no national compensation liability. ; also appeal.

Wen's wife claimed that at the time of the incident, Wen Nan was the driver of the stacker. At 2:25 a.m. on December 4, 2014, after get off work, the 38-year-old Wen Nan rode an ordinary heavy-duty locomotive through a road on Xinxing Road, Bade District, Taoyuan City. , Because the roadside tree suddenly fell down, he suddenly couldn't react in time to be hit by the roadside tree and fell into a coma. He was sent to the hospital for emergency treatment. After 9 days, he still died of brain death due to head trauma.

Please read on...

Wen's wife alleged that Taoyuan City's Bade District Office was the management agency for the section of the road where the incident occurred. Because of its neglect of maintaining the street tree, it easily fell down and caused disaster. There was a considerable causal relationship between Wen Nan's death and the state should be held responsible for compensation. A total of 8,370,679 yuan for spiritual comfort, funeral expenses and alimony.

Taoyuan City's Bade District Office alleges that Wen Nan's mother accused the district office of negligent management and should bear the burden of proof. The street tree was regularly inspected by people. The investigation determined that the street tree was toppled due to the strong gust of wind at that time. Due to natural disasters and force majeure, there is no national compensation liability.

In both the first and second instance, Wen's wife lost the case. She refused to accept the judgment and appealed to the Supreme Court. The Supreme Court believed that the facts of the whole case were still to be clarified, and it was revoked and sent back to the High Court for trial at the first instance.

The first instance of the High Court held that the street tree in the incident collapsed due to force majeure factors such as strong wind and rain at the time when Wen Nan was riding a motorcycle. The De District Office was notified by the police in the afternoon of the same day. It was unable to determine that the Bade District Office was responsible for the lack of installation or management of the street tree. Therefore, the country was not liable for compensation and sentenced Wen's wife to lose the case.