Mrs Orchard's appeal
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Dinner lady Michelle Orchard, 42, is seeking substantial damages after she was left with brain damage and unable to work when schoolboy, Sebastian Lee, ran into her during a game of "tag", at Corfe Hills School in Corfe Mullen, Dorset.
Sebastians lawyer claims he was just playing a "high-spirited and good-natured game", and has warned that if Mrs Orchard won the case it may lead to pupils across the country being banned from taking part in traditional playground games.
Following the accident in 2004 Mrs Orchard had to spend six weeks in hospital and has not worked since. She appeared in court leaning on a walking stick and alledges she still suffers seizures and severe headaches after the accident that left her "life changed for ever".
Her original claim for damages against the schoolboy were dismissed at Winchester County Court last year but her lawyers argue that ruling was "plainly wrong".
Benjamin Browne, QC, representing Sebastian, told the court: "This appeal raises a stark and important question: Does the law have any part to play in the regulation of simple, time-honoured, playground games between young children?” Mr Browne said it would be "a shame" if modern, sedentary children were inhibited from playing tag or other "rough and tumble" games in playgrounds.Lord Justice Waller, Lord Justice Rimer and Lord Justice Aikens reserved their decision on Mrs Orchard's appeal until a later date.
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Published on 07/04/2009 12:00:00
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