The “appeal” awarded the student and his father 150,000 dirhams in compensation
A quarrel between two students over a "pen" leaves a third with an eye impairment
The Abu Dhabi Court of Appeal canceled a judgment of the Court of First Instance rejecting a compensation lawsuit filed by the father of a student against a private school and the families of two students who caused, during a quarrel in the classroom over a pencil, the injury of a daughter permanently in his eye. Thousand dirhams.
In the details, a man filed a lawsuit requesting the verdict to delegate a medical committee specialized in eye surgery to review the case file and its documents and medical reports to examine the injury to his son's right eye, explain the injury that occurred to him, indicate the percentage of disability from that injury, and prepare a detailed report regarding the injury and obligate the defendants In solidarity and solidarity among them, the compensation estimated by the court for the material and moral damages suffered by the plaintiff and obligating the defendants to pay fees and expenses and in return for attorneys' fees.
He explained that his son is a student in the second grade, and while he was receiving a class inside the school and in the presence of the subject school, the son of the first defendant had a quarrel with the son of the second defendant, over possession of a pencil, and while the first was drawn to the pen forcefully from the hand of the second, the pen entered the right eye of his son who was sitting behind them What led to a severe and direct injury in the right eye with severe bleeding in the eye, and he was transported by ambulance to a hospital and an operation was performed on him.
He pointed out that his son continued to suffer from severe pain, continuous bleeding and lack of vision in the affected eye, and he was transferred to another hospital, and the presence of bleeding was discovered and a new operation was performed, pointing out that he took his son for treatment abroad, and an operation was performed for him and the right eye retina was installed with vitrectomy, and his son is still He suffers from the effects of the injury, in addition to the moral damage and the state of terror that he lives as the father of the victim and fear for his future.
While the forensic report showed that the child's condition has stabilized, and that the injury as a result of the accident is a rupture of the cornea of the right eye accompanied by a rupture and eruption, despite being treated surgically to correct the tear in the cornea, restore the iris, and detachment of the retina. The eye and the process of injecting a liquid substance (silicone oil) into the back parts of the eye, indicating that the injury leaves a permanent disability and the percentage of eye disability is estimated at 40% of the benefit of the eyesight. The court ruled rejecting the case and obligating the applicant to pay fees and expenses and the amount of 400 dirhams for attorney fees.
The plaintiff, "the father of the child", was not satisfied with this court, and he appealed against him by appealing to the verdict, which contradicted the documents presented in the case papers, and the appellant's acknowledgment of the occurrence of the incident. .
The first appellant confirmed that the pen hit the appellant’s eye unintentionally and without negligence or misconduct, and the accident was judged, and he sought exemption from any claims or obligations, whether material or otherwise, and exempt him from any fees, while the father of the second child did not return, while the school paid (the appellant Against it, the third) that the incident attracted two children to a pencil, which resulted in the injury of the student, and considered it a regular and repeated occurrence in schools, and it only took a fraction of a minute, indicating that the class teacher had no interest in what happened and was unable to prevent that act, which happened suddenly without expectation. It takes only seconds.
Whereas the appellant’s defense confirmed during the pleading session that the parents ’acknowledgment of the incident and the injury of the appellant’s eye according to medical reports, and although it is not considered a deliberate injury for lack of evidence of intentional, it is considered an injury of a common error, and it contains elements of tort liability from the error of the causal relationship between Error and damage, and the appellant's defense held the school responsible for criminal negligence for failing to take care, attention, precaution and appropriate caution to guard against harming students' lives.
The court decided to accept the appeal formally and in the matter by canceling the appealed judgment and judging again to compel the three appellants to jointly pay the appellant and his son an amount of 150,000 dirhams as compensation for material and moral damages and to charge them with expenses.
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