Oita District Court order prefecture to pay compensation of 1.5 million yen to victim who sustained injury during high school judo club practice

The Mainichi Shimbun

July 8, 2020

https://judge.memo.wiki/d/%C2%E7%CA%AC%C3%CF%C3%E6%C4%C5%BB%D9%C8%BDR2.7.7%A1%A1%C2%BB%B3%B2%C7%E5%BD%FE%C0%C1%B5%E1%BB%F6%B7%EF

https://mainichi.jp/articles/20170627/ddl/k44/040/316000c

A former student (20) of Nakatsu Higashi High School filed a trial seeking compensation of about 23.69 million yen for developing cerebral fluid hypovolemia after a male judo club instructor had hit him during judo practice in 2016. The Oita District Court Nakatsu Branch ordered Oita Prefecture to pay him 1.5million yen on July 7

Chief Judge Shinich Sawai dismissed the former student’s claim that he developed cerebral fluid hypovolemia due to being hit by the judo instructor. However, he admitted that violence had been used against a vulnerable second-year student, causing him to refuse to attend school and to eventually transfer to another school.
According to the decision, on July 21, 2016, the student’s right hand brushed the cheek of the teacher during judo club randori (free sparring). The teacher, who became upset, used violence against the student. The defense stated that the teacher slapped twice, but the former student claimed that his face and the back of his head were hit many times with a fist. The decision indicated that the violence was more than two slaps, that it was used against the student’s head to make his cheeks turn red and swollen.

As the violence was the proximate cause up to February 2017, the cost of examinations and treatment for suspicion of cerebral fluid hypovolemia was included in the compensation.




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