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July 21, 2009

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Leap over schoolmate costs 400,000 yuan

A TAIWANESE girl who injured her spleen while jumping over a schoolmate has won 400,000 yuan (US$58,554) in compensation from the Shanghai American School and a schoolmate, a court announced yesterday.

The two sides reached agreement under mediation of the Minhang District People's Court.

At the lunch break on January 14, the Taiwanese girl was playing a vaulting game with other students in the school's playground. She jumped over a girl called Jessie but fell to the ground and was injured, the court heard.

The Taiwanese girl said her spleen was hit by Jessie's elbow because Jessie took an odd position. The plaintiff fell to the ground and started to vomit, according to the indictment.

Carmina Casuga, an assistant teacher who was patrolling the playground, came over and asked the plaintiff to walk to the dispensary but she then fell into a coma. The dispensary nurse loaded the girl into a wheelchair and sent her to hospital in the school's minibus, the plaintiff said.

The victim was diagnosed with a damaged spleen and underwent surgery. Her mother said the school's use of the wheelchair and failure to call an ambulance made the girl's injury worse. The plaintiff asked for more than 600,000 yuan in compensation from the school and Jessie.

Jessie said her elbow didn't hit the Taiwanese girl's spleen; the Taiwanese girl fell to the ground because she lost her center of gravity.

The school said its assistant teacher paid enough attention to the students' security by patrolling the playground. The school said it took all measures to save her including sending her to the hospital in their own vehicle because of the traffic.

Under the mediation of the court, the school finally agreed to pay 370,000 yuan and Jessie's parents agreed to pay 40,000 yuan.


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