the lawyer who attacks the State for “climate inaction” dismissed by the court

The administrative court of Châlons-en-Champagne rejected the request for the appointment of an expert to determine whether the climatic conditions in Reims, on July 4, 2022, directly or indirectly contributed to the heart attack suffered by an employee working in full sun.

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This Monday, November 21, the Parisian revealed an action by the Reims lawyer Emmanuel Ludot, this one brought against the State on behalf of the widow of a Marne heating engineer who died at the Reims University Hospital this summer, 12 days after a heart attack which occurred on July 4, 2022 then that he was unloading a truck “in full sun and at 40 degrees”.

Considering that the responsibility of the State was engaged on the grounds that it had not kept its commitments in the fight against global warming, Me Ludot had seized the administrative court of Châlons-en-Champagne, in summary, for obtain the appointment of an expert in order to establish whether the work carried out by the victim, “at the hottest of the day of July 4, 2022”, was the cause of his death. This request was rejected, announced the administrative court in a press release published this Thursday, November 24.

26° under cover the day of the heart attack

“While it is not for the judge in chambers to assess the merits of the requests to appoint an expert referred to him, he may however reject these requests if he finds in particular the manifest absence of any causality between the damage claimed by the applicant and the alleged fault”details the press release. “In the case in question, Ms. C. maintains that the temperature recorded was 40ºC. However, the judge in chambers, based on the meteorological data produced by the applicant itself, found that the maximum temperature recorded on July 4, 2022 in the Marne was 26 ºC (Editor’s note: temperatures under shelter, in resort, the only ones that have official value), which is consistent with seasonal norms and does not identify the consequences of global warming. »

Result : “The judge in chambers considered that there was no causal link between the supposed fault of the State and the damages resulting from the death of MC and rejected the request before him”.

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