Hou Kuixing, a famous abstract painter, went shopping at SOGO department store six years ago and slipped on a makeshift tarp laid between the counters. He suffered bruises all over his body and a torn meniscus in his knee, which required surgery. SOGO Department Store believed to be negligent and sued for more than 7.39 million yuan (about US$230,000), the Supreme Court awarded SOGO and construction worker Huang Wanzhen jointly and severally 952,855 yuan (about US$30,000) Dollars) and ordered to pay compensation. SOGO must also pay punitive liquidated damages of 476,728 yuan (about US$15,000). The total has been set at 1,429,583 yuan (about US$45,000).
Hou Kuixing, 75, is the daughter of Hou Zhengting, one of the founders of Dongye Steel. In his early days, he learned sketching from senior Taiwanese painter Li Shiqiao, watercolor and life painting from Lu Jizheng, ink painting from Fu. Xuanfu, glue painting from Xu Shenzhou, and seal cutting from Fu Zongyao; He later studied oil painting, tempera, pastel and gelatin under Yan Yunlian, a pioneer in Taiwanese abstract and interior design, for 8 years.
Hou Kuixing immigrated to the United States in 1973 and entered the United States in 1976oklahomaStudied post graduation in Environmental Arts at State University with admission in 1979CaliforniaFurther study in the doctoral program at the Graduate School of Art at Stanford University. After living in the United States for several years, he returned to Taiwan in 1981 to teach. Over the past half century, he has continued to create works, carving out a place for himself in the history of Taiwanese abstract art.
Hou Kuixing went shopping at SOGO Zhongxiao Hall on September 20, 2018. Due to extra counters at the site and temporary electrical wires laid on the floor, she slipped and fell and her face started bleeding. He was taken to the hospital for emergency treatment. This caused him to tear the meniscus of his knee and required surgery. Long term rehabilitation.
They believed that SOGO Department Store neglected to warn of temporarily laid power lines, and the fixed tape was the same color as the floor, making it difficult to notice, and SOGO did not sincerely apologize. And did not amend. She filed a lawsuit requesting SOGO, Huang Qingwen, and Huang Wanzhen pay medical expenses, emotional comfort payments, and punishment. A total of 7.396958 yuan must be compensated for sexual compensation, etc.
The first instance held that SOGO Department Store was indeed negligent, and ordered SOGO, Huang Qingwen and others to jointly and severally pay 1,834,037 yuan as compensation. In addition, SOGO Department Store must pay double the punitive damages, which is 1,834,037 yuan. Total 3,668,074 yuan.
Both sides appealed. The second example held that Huang Wanzhen’s installation, whether with or without covering battens or fixings, increased the risk of pedestrians being accidentally kicked and tripped. There were no obvious warning signs at the site. Huang Wanzhen and SOGO should be jointly and severally liable for the accident. Although Huang Qingwen is the person in charge of the company, he has no direct supervisory authority over the temporary power lines and does not require compensation.
Hou Kuixing’s second example statisticsmedical feesTransportation expenses, future medical expenses, losses caused by canceled travel schedules, etc., after considering the situation and financial situation of both parties, it is believed that Hou Kuixing will request 1 million yuan for mental consolation. Could, but Hou Kuixing also made a mistake of not paying attention to the road in front. must bear 50% of the responsibility for the fault, so Huang Nu and SOGO can only be asked to jointly and severally compensate 952,855 yuan. In addition to punitive damages, Hou Kuixing may receive 1.9 million compensation 5,709 yuan.
At the third instance of appeal, the Supreme Court pointed out that SOGO should bear 0.5 times the punitive damages, and the amount should be 476,428 yuan. However, the second instance still calculated an amount of 952,854 yuan, which was an error in judgment. This part was omitted and the decision modified. SOGO must pay NT$476,428 in punitive damages; The combined compensation payable by Huang Nu and SOGO remained unchanged at NT$952,855, totaling NT$1,429,583.
Taiwan