Dinner lady takes legal action against teenager
A dinner lady has taken legal action against a teenaged boy after being knocked over in a game of ‘tag’, it has been revealed.
13 year old Sebastian Lee had been playing the game with his friend at school when he accidently tumbled into dinner lady, Michelle Orchard, 42.
According to Ms Orchard’s injury lawyers, she has been suffering from serious brain damage which has led her to have difficulties in keeping her balance.
The Court of Appeal had heard that Ms Orchard’s nose was broken as a result of the accident and she had also damaged her teeth.
Benjamin Browne, QC, representing Sebastian, said: “This appeal raises a stark and important question: does the law have any part to play in the regulation of simple, timehonoured, playground games?
We contend that it does not and that, to conclude otherwise, would place an unwarranted and undesirable restriction on the normal, healthy development of a child."
The claim had been quashed. Yet according to Ms Orchards no win no fee solicitor, the decision was “plainly wrong.”
Ms Orchard however, believes she should be awarded compensation for her personal injuries as she has been unable to work since the accident.
The decision is expected to be announced in the coming weeks.
Updated on 27/03/2009