NGAN CHIU HIN v. TUNG YU LOK

NGAN CHIU HIN v. TUNG YU LOK

The judge accepted the credible eyewitness account that a plastic strip broke and the Applicant fell at work and accepted the applicant's medical expert that the fall materially contributed to rupture of a pre-existing aneurysm; applying the governing legal tests the accident was a substantial contributing cause and employer liable; damages awarded.

Citation
NGAN CHIU HIN v. TUNG YU LOK
Parties
Applicant/employee: NGAN CHIU HIN; Respondent/employer: TUNG YU LOK, formerly trading as YEE YAU LOONG
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
7 February 2005
Case Number
DCEC341/2003
Procedural Posture
Employees Compensation Case No. 341 of 2003 / Judgment (trial)
Outcome
Judgment for the Applicant; liability established against the Respondent; damages awarded.
Legal Topics
Causation, Accident, Employer Liability, Quantum of Damages, Witness Credibility, Medical Expert Evidence
Source Language
EN
Employment Law Employees' Compensation Personal Injury Medical Causation Evidence Law Causation Accident Employer Liability +3 more

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Parties

NGAN CHIU HIN

Applicant/employee

TUNG YU LOK, formerly trading as YEE YAU LOONG

Respondent/employer

Procedural Posture

Employees Compensation Case No. 341 of 2003 / Judgment (trial)

Legal Issues

  1. 1 Whether an accident occurred on 3 April 2001 when the Applicant slipped and fell while pulling a box of cold meat whose plastic fastening strip broke
  2. 2 Whether the alleged accident caused the Applicant's pre-existing cerebral aneurysm to rupture resulting in subarachnoid haemorrhage and disabilities

Ratio Decidendi

The judge accepted the credible eyewitness account that a plastic strip broke and the Applicant fell at work and accepted the applicant's medical expert that the fall materially contributed to rupture of a pre-existing aneurysm; applying the governing legal tests the accident was a substantial contributing cause and employer liable; damages awarded.

Court Disposition

Judgment for the Applicant; liability established against the Respondent; damages awarded.

Orders

  • Judgment for the Applicant against the Respondent in the sum of $699,796.00
  • Interest at half judgment rate from the date of accident to date of judgment and thereafter at judgment rate until payment