Father Sues Miyama City Over Son’s Death After Choking on Quail Egg in School Lunch

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1. A trial began on the Oct 17th in which the father of a first-grade boy is seeking damages from the city after the child choked on a quail egg in his school lunch and died, in Miyama City, Fukuoka Prefecture, last year.

   The accident took place in February of last year at an elementary school in Miyama City, Fukuoka: a first-grade boy choked on a quail egg that had been included in the miso oden served for school lunch, and died.

   The boy’s father is claiming that “due to the school’s negligence, detection of the accident and life-saving measures were delayed,” and is demanding ¥60,000,000 (sixty million yen) in damages from the city.

   At the first oral argument held at the Fukuoka District Court’s Kurume branch, the father stated, “If the teacher had given one word of warning at lunch, I believe my son would have chewed properly and eaten safely. My son, at just seven years old, had his joy and dreams taken from him. I want the school’s responsibility to be clarified.” The city of Miyama is requesting dismissal of the claim.

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   Father’s Statement

   In his statement, the father said:

   My child may be called “overly doted upon,” but he was growing freely and happily. He was a kind boy who cared about his friends, bright and energetic, loved by everyone including me.

   On February 16, there was his first “open classroom” (parents’ observation day). When I entered the classroom, he noticed me—he seemed a little shy, but he looked happy. Being in the classroom among all the other children, knowing they were doing well, made me feel relieved.

   After class, he and the other children lined up and sang “Let’s Draw on the Blue Sky” with full energy. After singing loudly, he raised his fist high and shouted “Ei-ya!” at the end. I felt really proud of him. I felt so strongly the hope for the future and his great dreams; as a parent, that was an immense joy. I will never forget it.

   Then, just ten days later, he suddenly passed away. I cannot believe it. What must he have felt, full of regret and confusion? At just seven years old, he lost his life in an instant, and with it, his joy and dreams were stolen.

   I have submitted photos—please look at his full-of-life expressions. Thank you.

   I still believe that schools are places where children should be able to live and study safely with peace of mind. So why was he not saved?

   If there was going to be a quail egg in the school lunch, if someone knew that in Osaka a first-grade student had choked on a quail egg and died, why… If the homeroom teacher had given one word of warning at lunch, I believe he would have chewed properly and eaten safely.

   And the school’s response after he choked—I, as his parent, cannot understand it. Was there not a serious lapse on the part of his homeroom teacher, the principal, and Miyama City? I want the responsibility of the school to be made clear.

   After my son’s death, Miyama City has apparently taken various measures to prevent recurrence. But most importantly is to clarify why my son died, admit fault, properly apologize, and take responsibility first. Only then can preventive measures have true meaning.

   In this trial, I want to clarify why my son had to die.

   I had planned to live together with my son and manage a farm together. That joy was stolen in an instant. Along with my son, I too feel overwhelming regret and sorrow.

   Honorable judges, please understand my feelings. Thank you very much.

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   City of Miyama’s Comment

   Below is the statement issued by Miyama City, Fukuoka Prefecture:

   Today the first oral hearing in the lawsuit over the school lunch accident has concluded.

   The city intends to respond to this lawsuit and is seeking dismissal of the claim. The city wants the judiciary to judge matters such as the scope of care and instruction when providing school lunches and how to respond in case of an accident.

   Moreover, the city and the board of education, based on investigations and recommendations by the Miyama City School Safety Investigation Committee, will continue efforts to implement measures and strive toward prevention of recurrence.

2. He deserves compensation !!!!!

3. I feel sorry for him but the way he eats is his father’s responsibility, there are too many jobs like school teachers and bus drivers that are low paying but highly demanding.

4. Do schools now teach children how to eat? And will this result in school meals being stopped for fear of more lawsuits?

5. A bunch of foods in Japan are choking hazards, Mochi is probably the most famous. Those eggs are also just the optimal size for choking with kids, definitely not something I’d give my kid without making sure he’s not trying to eat it like that.

   It’s not clear how long it took them to react to the kid, you’d think with so many students around someone would have noticed and alerted the teacher.

6. It is likely a legit thing to sue. This is why in states, the day care specifically have all round fruits like grapes, tomatoes, strawberries cut into quarters.

7. Didn’t this happen before too? Either way, anything that small that could be a choking hazard should not be included in lunches.

8. The canned ones are boiled until they’re basically a rubber ball too, not a good choice to feed young children

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