A city appeals court in Henan Province has taken on a controversial wrongful death lawsuit against a doctor filed by the relative of a man who died after they had a heated argument in an elevator about his smoking. 

The Zhengzhou Intermediate People's Court on Wednesday heard the case filed by the family of the man, whose name has not been released.

The man had died of a heart attack in May after an argument with the defendant, Yang Huan, a licensed doctor, asked him to stop smoking in the elevator.

Zhang Yong, the man's son-in-law, had sought 400,000 yuan ($60,318) from a lower court, claiming the argument had played a role in triggering the heart attack. 

When the Jinshui district court ordered Yang to pay the family 15,000 yuan on September 4, Zhang filed for an appeal.  

Surveillance footage from inside the elevator May 2 shows the elderly man smoking when Yang Huan entered.

Yang, a licensed doctor, said he warned the man of the dangers of smoking and second-hand smoke. An argument ensued, and the two exited on the ground floor. 

Property management tried to settle the dispute. Soon after, the elderly man was struck by a severe heart attack and passed.

Chinese Association on Tobacco Control Copyright © 1992-2011
  906-907 Anhuidongli, Chaoyang District Beijing 100101

Tel: (8610)64983905  Fax: (8610)64983805     Email: apact2015@catcprc.org.cn