Saturday, July 7, 2007 6:22 am | 
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"Mochi", a sticky Japanese sweet. | Photo: Fred Armitage. Creative Commons. |
Man who received brain injury from choking on mochi wins lawsuit
A man who received a brain injury after choking on a “mochi”, a sticky Japanese sweet, won a lawsuit Friday filed against a Tokyo compensation fund, filed after the man was denied compensation by the fund, Yomiuri reports.
Presiding Judge Yuki Furata dismissed the foundation’s appeal to the Tokyo Supreme Court, and supported the two previous sentences and ordered the compensation fund to pay the man 21m yen ($170,000).
The compensation fund does not pay compensation for accidents caused by chronic diseases, and argued that the man, who was 82 years old at the time of the accident, lacked the strength to swallow the mochi because of such diseases.
However, Judge Furata dismissed the foundations arguments, saying: “The burden of evidence that the accident did not happen because of a chronic disease does not lie on the person seeking compensation.”
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