Judgment in favor of the plaintiffs become final….
Judgment in favor of the plaintiffs become final for Yokohama City Nara Junior High School Judo Club Case, December 24, 2004.
The plaintiff, a 15 year old third grade junior high school student, was trained by the instructor in a violent way and developed acute subdural hematoma. His life was miraculously saved following an emergency operation at the hospital, but he had severe high-level brain dysfunction and still suffers from serious damages.
Yokohama City and the instructor did not admit any causal relationship between the accident and practice, leading to a full contradiction between parties. However, at the end of last year (December 27, 2011) Yokohama District Court recognized the causal relationship between acts of the instructor and the plaintiff’s damage as well as the instructor’s violation of duty to ensure safety including foreseeability of accidents. The court entered a judgment in favor of the plaintiff recognizing negligence.
The city and the prefecture have decided not to appeal stating that, “There is little chance that a new element will appear to change the ruling. Part of our statement that the instructor did not perform the technique to punish the student was accepted.”
The plaintiffs had been preparing for an appeal as their statement that the instructor’s acts were of violent nature to punish the student had not been accepted. However, they have decided not to appeal because “If the trial continues our son (the victim) will remain psychologically unstable.”
Yokohama City Board of Education have indicated their intension to apologize to the victim, as “the accident happened during club activities under the control of the school and they would like to apologize to the plaintiffs when the ruling becomes final.”
