Osaka High Court finalizes full lost earnings ruling for deceased girl with disability

From NHK World

February 6 2025

OSAKA – A Japanese high court has finalized a ruling recognizing that the estimated lost earnings of a girl with a hearing impairment who died in an accident should be considered at the same level as for people without disabilities.

Ide Ayuka was 11 years old when she was fatally struck by a power shovel that ran onto a sidewalk in Osaka City in 2018. She had been attending a school for children with hearing impairments.

Her family filed a damages suit against the driver and the employer.

But at issue was how to calculate the estimated earnings that Ide would have made. A district court ruled that it was undeniable her hearing impairment would have limited her working ability.

Last month, the Osaka High Court recognized that Ide had a high level of communication ability, and that it would have been fully possible for her to work as well as people without disabilities under the same working conditions.

The court ruled that the calculation of earnings Ide would have made must be 100 percent, based on the average income in Japan.

The ruling was finalized as the driver and the company did not appeal by Tuesday’s deadline.

The defense team of the bereaved family says it believes this is the first judicial decision of its kind.

The team said in a statement that “the high court’s ruling sent an important social message to realize a society where discrimination must not be allowed.”

The team added that “the ruling was a proof that Ide had lived her life to her fullest for 11 years, and it was the result of her family’s deep affection for her.”