As Judge Kumagai announced the second focus of controversy, the most critical issue finally came. This focus of controversy was so clear that non-legal professionals in the gallery could understand the crux of the issue.

If the Kawamoto Expressway is deemed to have fulfilled its corresponding maintenance obligations, then the Kawamoto Expressway does not have to bear responsibility for the accident. Thinking that this point of dispute will directly determine the outcome of the case, the audience can't help but feel pinched.

sweat

A huge mental pressure was like a dense dark cloud hanging over the attorneys at the two desks. Debating on this issue was like driving a carriage next to a cliff. If you are not careful, the carriage will overturn and the car will be destroyed.

Death.

Miyagawa stood up again, raised his head and said: "Chief Referee. The "Technical Specifications for Highway Maintenance" clearly stipulates that the highway road surface should be cleaned regularly and debris should be removed in a timely manner to keep the road surface and the environment clean."

"In this case, there were two I-shaped iron blocks on the G227 section of the expressway that were not cleaned up in time, which led to the accident. The existence of the iron blocks itself is enough to show that Kawamoto Expressway did not promptly remove road debris in accordance with national regulations.

Cleared. Based on this, it should be determined that Kawamoto Expressway failed to perform its corresponding maintenance obligations and should bear liability for damages caused by the accident!"

Imanishi smoothed his tie, looked at his daughter coldly, and stood up with a look of disdain: "The plaintiff's attorney's argument is actually based on two points. The first point is that the Kawamoto Expressway failed to perform its corresponding maintenance

Obligations. The second point is that there is a causal relationship between the occurrence of traffic accidents and the Kawamoto Expressway's failure to perform maintenance obligations."

"Chief Judge, please allow me to digress for a moment and express my opinion on the second point of causation raised by the plaintiff's attorney. Please bring the collegial panel's attention to the traffic accident liability letter in this case. The traffic police have investigated the occurrence of the traffic accident involved.

Responsibility was determined. Among them, Terai was driving a vehicle and rear-ended the vehicle, and was determined by the traffic police to be fully responsible for the accident."

"The division of responsibilities in the traffic liability certificate has clearly determined that the accident in this case occurred because Terai's driving behavior violated traffic regulations. Therefore, the main cause of the accident was Terai himself. To say the least, even assuming that Kawamoto Expressway failed to fulfill its obligations

There is no causal relationship between the corresponding maintenance responsibilities and the occurrence of the accident, and no liability should be borne."

Unknowingly, Imanishi had laid out the second line of defense: the causal relationship between the accident.

Now Miyagawa and Kitahara not only have to prove that Kawamoto Expressway failed to perform corresponding maintenance obligations, but also prove that Kawamoto Expressway's negligence has a sufficient causal relationship with the accident.

Suddenly, the burden of proof was once again heightened.

Now that it has entered the court debate stage, it is procedurally impossible to submit new evidence to prove causation.

Imanishi's words seemed to have once again erected an insurmountable mountain in an instant.

All eyes in the auditorium fell on the plaintiff's table. After these several arguments, the audience in the auditorium had discovered the terrifying power of the senior lawyers hired by the listed companies opposite. They were always able to reverse the plaintiff's accusations instantly.

, found a tiny loophole in the seemingly impeccable accusations, and then tore apart the plaintiff's seemingly solid accusations.

Sure enough, there is still a huge difference between young lawyers and senior lawyers, some audience members in the auditorium sighed softly.

Kitahara stood up from the plaintiff's seat again and said, "Chief Referee, the other party's denial of the causal relationship based on the traffic liability determination is obviously unreasonable."

"Please note to the court: the traffic accident liability document determines the liability for the accident. The focus of this case is the management responsibility of the Kawamoto Expressway."

"The division of accident liability is not the same as the determination of highway management responsibility. In fact, the traffic police cannot judge the highway management responsibility. Accident liability and management responsibility are obviously two different issues. We cannot divide the responsibility of the former.

, to determine the latter’s judgment.”

Kitahara spoke as if telling a story: "At the same time, I also want to draw the attention of the court. The traffic accident liability determination document did not mention the existence of iron blocks. The driving recorder submitted by my client did prove that there were two artifacts on the road surface.

Font-shaped iron block.”

"Therefore, it is very likely that the collision caused by the accident at that time also knocked away the iron block. Therefore, the traffic police failed to find the iron block during the on-site investigation, so they did not mention the fact that the iron block existed."

"Because the traffic police's traffic responsibility determination does not mention the iron block, its fact finding part is insufficient and incomplete. If the management responsibility of the Kawamoto Expressway is determined based on such an insufficient and incomplete traffic responsibility determination, it will be

Then the conclusion we finally draw must be insufficient and incomplete."

"To sum up, please let the court take a closer look! The traffic liability certificate only allocates accident liability and cannot be used to determine the causal relationship between Kawamoto Expressway management liability and the accident."

As soon as he finished speaking, the second line of defense set up by Imanishi was torn apart by Kitahara again.

As Beihara made this argument, some in the audience gradually discovered that the young male lawyer on the plaintiff's bench and the senior lawyer on the other side were actually in a conflicting situation. He even faintly overpowered the other side in terms of momentum.

.If we judge based on age alone, the young male lawyer is already superior.

The audience who noticed this couldn't help but be infected by this young man's fighting spirit, and looked at Beihara with a more expectant look.

Imanishi's hand holding the information was already shaking slightly, and his eyelids twitched from time to time.

Why doesn't this kid have any nervousness?!

Why does this kid react so quickly?!

Why is this kid always able to respond to his attacks?!

Imanishi felt that every time he expressed his opinion in the debate, it was like swinging his fist at the wall. Although he hit the wall, the instantaneous collision force and counterattack made the fist he punched feel extremely painful.

Imanishi tried hard to calm down and turned to look at the court, "President, I will continue to express my argument. My argument just now was about the causation of the traffic accident. Now, I will return to performing maintenance.

A question of obligation.”

"Chief referee. In this case, I understand that the most critical issue is: as long as the Kawamoto Expressway has completed the corresponding inspections in accordance with regulations, even if there are iron pieces on the road, it cannot be deemed that the Kawamoto Expressway has not fulfilled its maintenance obligations. According to the "Highway Maintenance"

"Technical Specifications", the G227 section of the highway involved in the case needs to be inspected at least once a day."

"Kawamoto Expressway has conducted daily cleaning and inspections on the G227 section of the highway, and it should be deemed that it has fulfilled its corresponding maintenance obligations."

"Even the plaintiff's attorney just now admitted that the appearance of the iron pieces involved in the case was after the cleaning was completed. As long as the appearance of debris did not occur during the inspection and maintenance period, it should be deemed that the Kawamoto Expressway has been exhausted.

Maintenance and inspection obligations.”
Chapter completed!