fahrlässige Körperverletzung negligent bodily harm
| Creator: | |
| Language pair: | German to English |
| Definition / notes: | The case was brought to court: Eight employees of the related company and of WSW were sued because of "negligent bodily harm folloded by death". One construction manager was effectively sentenced to a fine (14400 DM) by the court in first instance (Country Court Wuppertal, September, 29th 2000). Seven cases pended at the highest instance: The Federal Court in Karlsruhe ("Bundesgerichtshof", BGH) sentenced on January, 31st 2002. The sentences of imprisonment placed on probation for 8 and 20 months against two employees of WSW were confirmed by BGH. In a similar way the discharge of the highest traffic manager for Schwebebahn at WSW was confirmed, because his security concept - though imperfect - has not been proved to be the reason for the accident. The discharges of four workers, however, were suspended and a new trial at an another chamber of the lower court was ordered (to come in July 2002 probably): Although it was impossible to prove which worker among the four had forgotten to remount the deadly metal claw from the tracks, according to BGH they were responsible alltogether. - The civil law-suit of WSW against Lavis Ltd. started on February, 5th 2002. WSW is claiming for 4.6 Million EUR from Lavis, but the court made it clear, that the expenses should be partitioned on both parties (as a first suggestion: 45 percent for WSW). The judge also recommanded a settlement out of court. The trial will be continued on June, 25th 2002. |
| URL: | http://w3.uni-wuppertal.de/www/wuppertal/schwebebahn/unfall-en.html |
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