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2006年,石某驾车肇事致陈某死亡。2007年,一审法院支持陈某近亲属刑事附带民事诉讼各项损失38万余元。陈某近亲属以石某系为雇主A公司工作期间肇事,石某本人无赔偿能力为由提出上诉,请求判令A公司承担连带责任。二审法院以新增诉讼请求裁定驳回,并告知上诉人可另行主张。陈某近亲属据此另行起诉,法院以其各项损失已经刑事附带民事诉讼处理,其现就同一事实提出相同主张,故裁定驳回。
In 2006, Shi Mou driving caused the death of Chen. In 2007, the court of the first instance supported the loss of more than 380,000 yuan for civil litigation accompanied by Chen’s relatives. Chen’s close relatives Shi Shimou Department as employer A company during the accident, Shimou himself without appeals on the grounds of appeal, request A company to assume joint and several liability. The court of second instance dismissed the ruling with a new claim and informed the appellant that it could make a separate claim. According to this, Chen’s relatives were separately sued. The court, having handled all its losses as a criminal incidental civil suit, now makes the same claim on the same facts and is therefore dismissed.