Five years ago, a hearing-impaired girl died in a traffic accident in Ikuno Ward, Osaka, and the bereaved family sought compensation for damages.
At issue is the future earnings that the girls were supposed to have.
The Osaka District Court has ruled that it will be calculated based on 85% of the average wage of all workers.
The bereaved family complains that the ruling recognizes discrimination.
(Osaka Broadcasting Station reporter Muneaki Takeuchi)
“Future income” is 40% of able-bodied people?
Five years ago in 2018, Yuka Ide (then 11), who attended a nearby hearing aid school, died when an excavator crashed into the sidewalk in Ikuno Ward, Osaka.
Her parents sued the excavator driver and the company she worked for for damages.
In this lawsuit, the dispute was about "lost profit", which is the income that Yuka Yasu was supposed to receive in the future.
The bereaved family side requested that the average wage of all workers be calculated without considering the disability.
On the other hand, the driver initially argued that ``it is difficult for people with hearing disabilities to find employment,'' and that the future income would be 40% of the average wage of female workers.
Satsumi's mother
: "As a mother who has seen her growth up close, I can't forgive her. I felt like I was denied 11 years of Yuka Yasu."
eager to learn and sociable
In addition to school homework, Ayuka said that she studied independently every day without fail.
The day before she died she was doing math printouts.
Ms. Satsumi's mother
: "It's like proof that you worked hard on your studies and homework. I'm reminded of how serious and hard-working you were.
" It is said that he had a bright and sociable personality, such as actively speaking out and interacting.
Father Tsutomu:
“I would talk to people with dogs and ask them to walk their dogs, and even to people with hearing aids, I would say ‘friends’ to people I met for the first time. If not, there were many possibilities for my daughter's future."
Expand the circle of support
Throughout the trial, support for parents spread.
Deaf lawyers wanted to help, so they joined my defense.
The petition for a non-discriminatory verdict, collected together with deaf and hard of hearing advocacy groups, has reached over 110,000 signatures.
After that, the defendant side withdrew its previous claims regarding "lost profits" and demanded that the average wage of hearing-impaired workers, which is 60% of the average wage of all workers, be calculated.
The verdict is ``85% of the average wage''
And then the judgment came.
Presiding Judge Mizuka Takeda of the Osaka District Court pointed out that Yuka Ahn had a desire to learn and had various job possibilities, but it cannot be denied that she had a disability that limited her ability to work.
She showed the idea of calculating based on the average wages of deaf people, not the same standard as for able-bodied people, which was requested by the bereaved family.
And considering the fact that the rate of young people with hearing impairments who go on to university is on the rise, and that the spread of speech recognition apps is expected to reduce the impact on communication, Yuka Yasu will continue He pointed out that it can be predicted that the average wages of hearing-impaired people will be higher than in 2018 when he died.
After that, she indicated that she should be calculated based on 85% of the average wage of all workers, and based on this, she ordered the driver to compensate more than 37 million yen.
"It's a verdict that recognizes discrimination."
After receiving the ruling, Yuka Yasu's parents tearfully complained, "This is a ruling that recognizes discrimination."
Ms. Satsumi's mother
: "My daughter worked hard and worked hard to live for 11 years, but was it all in vain? Will society not accept her just because she is deaf?"
Tsutomu's father said
, "I feel disappointed that in the end, the court recognized discrimination. Why did my daughter's efforts have to be denied? It's really frustrating."
Transition and Future of Lost Earnings for Persons with Disabilities
In the past, the "lost profits" of persons with disabilities were sometimes judged to be zero.
However, the judgment of the courts is changing due to the advancement of technology that supports people with disabilities and the increase in the employment rate of people with disabilities that companies are obliged to employ.
Four years ago, the Tokyo District Court ruled that juveniles with severe intellectual disabilities who died in accidents should be given the same level of "lost earnings" as juveniles without disabilities, based on their outstanding abilities in specific fields. It is
It is against this background that the present judgment.
An expert familiar with compensation for damages for persons with disabilities pointed out, "We need to judge what society should be without prejudice."
Ryoichi Yoshimura, Professor Emeritus of Ritsumeikan University
"Although there are positive evaluations of social changes and the efforts of Ms. Yuka Ahn, people with disabilities are presumed to have low work ability. Changes in the employment system for people with disabilities and communication tools While there was a tendency to reflect progress in court judgments, I think it was a good case to take it one step further.” As the number of places where people with disabilities work expands, there is a growing social voice calling for decisions to be made in line with the times
. increase.