Lin Sheng requested compensation from the state for moving a tree and paralyzed it, but the Kaohsiung High School ruled that the school lost the case.

(Photo by reporter Bao Jianxin)

[Reporter Bao Jianxin / Kaohsiung Report] A weightlifting student named Lin from Gaoyuan Industry and Commerce, who once won the national weightlifting competition, returned to his alma mater Ziguan Middle School for training. He was transported by a typhoon that blew down a tree and accidentally crushed his lower body and was paralyzed. He asked the school to compensate 2 Ten million yuan, the Kaohsiung High Branch Court appealed and ordered Ziguan Junior High School to compensate 5.33 million yuan. In the afternoon of the first trial, the school paid an additional 11 million yuan, totaling 16.33 million yuan.

The plaintiff, the student surnamed Lin, pointed out that he was originally a student of the weightlifting team of Ziguan Middle School. After graduating in 2016, he entered the private Gaoyuan Industrial and Commercial College. However, because the school did not have weightlifting coaches and equipment, it was agreed that Gaoyuan would be appointed by Ziguan Middle School for training. Regularly go to the country to receive the guidance of the original coach Huang Nan.

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After the typhoon passed by on October 4 of the same year, Lin practiced weightlifting at the school. The general manager Huang and the coach Huang ordered him and Shi and other five weightlifting students to clean up the campus.

When Lin and others were about to put down a large tree, he was pressed down because he could not avoid walking, resulting in paralysis of his lower body and incontinence. He asked Ziguan and Gaoyuan to pay compensation for spiritual comfort, medicine, nursing, and loss of labor ability. 2 million in total.

Zi Guan Guozhong pointed out that Lin did not notice that the students were ready to put down the trees, and did not respond in time, which resulted in serious injuries.

He also said that the director surnamed Huang was outside the school that day, and the coach surnamed Huang did not order Lin and other students to move the tree. Lin and others took the initiative to help and denied any fault.

Gaoyuan Industry and Commerce said that the school is not a public institution or a public legal person, and the provisions of the State Compensation Law are not applicable.

Moreover, the place of occurrence was in Ziguan Country, and the two surnamed Huang were not employees of Gaoyuan, so there was no reason to demand compensation from the defendant.

The Qiaotou District Court conducted an investigation and interrogated many weightlifting students present, and confirmed that no one ordered or instructed the six students, including the student surnamed Lin, to move the trees. Moreover, the director Huang surnamed was indeed not in the school, so Lin Sheng lost the case, and he refused to appeal.

The Appeals Court of the Kaohsiung High Branch found out that one day before the incident, Director Huang had used LINE to ask the coach Huang to find 1 or 2 weightlifting team students to bring tools to clean up the campus, and found that Ziguan was guilty of negligence, and ordered a compensation of 5.33 million yuan. , but Lin Sheng refused to accept the appeal, and the Supreme Court revoked it and sent it back, and the first-instance collegiate court pronounced the judgment at 5 pm, and ordered the school to pay an additional 11 million yuan, which can be appealed.