2024-08-18 14:03:19
2024.08.18 07:30 Taipei time
Zheng’s daughter accused her neighbor Zeng Nan’s truck of often intentionally blasting the siren late at night without any reason, causing her insomnia. The two parties went to court. (Schematic diagram, not party involved, photoAC)
A woman surnamed Zheng in Changhua County and her neighbor, a man surnamed Zeng, filed lawsuits against each other many times due to long-term quarrels. Zeng man repeatedly maliciously reported traffic violations to Zheng’s family, which resulted in Zheng receiving 64 tickets in just half a month. , even Zeng Nan’s car siren often blared late at night, seriously disturbing her sleep, causing her physical and mental exhaustion, and suffering from “depressive adjustment disorder.” Therefore, Zheng’s daughter sued for NT$300,000. The Changhua District Court ruled that Zeng Nan should be compensated NT$50,000.
According to the verdict, Zheng and Zeng lived in the same triple courtyard. Zeng used the surveillance camera to report traffic violations to Zheng’s family. As long as Zheng’s family’s vehicle did not use turn signals or turn on the headlights on rainy days, evidence would be collected. The report resulted in Ms. Zheng losing a lot of money and a fine of more than 70,000 yuan was spent in half a month.
In order to fight back, Ms. Zheng, not to be outdone, also used the surveillance footage to accuse Mr. Zeng of harassing her neighbors late at night. She said that since mid-July last year, almost every night late at night or early in the morning, when she and her family were asleep, Mr. Zeng’s minivan would The alarm will sound repeatedly, seriously affecting their sleep quality.
Although she called the police many times for help, Zeng Nan seemed to be deliberately avoiding it. As soon as the police car entered the alley, it would stop disturbing the police after being spotted through the surveillance camera. However, it would return to its old behavior the next day. As a result, Ms. Zheng was often awakened and became highly nervous. Not only did she often suffer from insomnia, but she also fell from heights due to lack of energy at work. She had to seek psychiatric help and was diagnosed with “depressive adjustment disorder.” Faced with Zeng Nan insisted on not changing her behavior, so she had no other choice but to resort to law, demanding compensation of 300,000 yuan from Zeng Nan for the mental damage she had suffered.
Zeng Nan insisted that his minivan produced no noise, and argued that objective volume control standards should be used as the basis for judgment, rather than solely based on the plaintiff’s subjective feelings. The doctor’s diagnosis conclusion in the diagnosis certificate only mentioned that the plaintiff suffered from insomnia and other symptoms due to neighbor interference and conflicts, and did not clearly point out the causal relationship with the so-called “noise”. It can be seen that the plaintiff’s statement is only personal conjecture and lacks specific evidence. support.
The judge found that the defendant’s house was adjacent to the plaintiff’s house and the vehicle alarm made frequent noise late at night, so the defendant could not have been unaware of it. The defendant’s failure to take active measures to improve the situation constituted intentionality or negligence. According to the medical diagnosis certificate attached by the plaintiff, although the defendant contends that there is no causal relationship between the two, considering that the defendant’s vehicles have disturbed the neighbors late at night for a long time, causing a serious decline in the plaintiff’s sleep quality, which will inevitably lead to depression in the long run and affect normal life and work. This is human nature. . After comprehensive consideration of the status, economic status and degree of infringement of both parties, the plaintiff’s request for moral consolation of RMB 300,000 was too high, so the verdict was that RMB 50,000 should be compensated.
Update time |2024.08.18 07:30 Taipei time
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