IAU KAU IH v. WAN KEI GEOTECHNICAL ENGINEERING CO. LTD. AND OTHERS

IAU KAU IH v. WAN KEI GEOTECHNICAL ENGINEERING CO. LTD. AND OTHERS

Court accepted that the accident caused significant residual right shoulder impairment and aggravated low back pain despite pre-existing degenerative changes, accepted part of plaintiff's evidence on pre-accident freelance earnings, rejected defendants' attempt to discount for pre-existing condition absent evidence it would have produced identical disability, and assessed damages accordingly using a multiplier of 5 for future loss from date of trial.

Citation
IAU KAU IH v. WAN KEI GEOTECHNICAL ENGINEERING CO. LTD. AND OTHERS
Parties
Plaintiff (injured Welder): Plaintiff; Employer; Retained Crane Operator: 1st Defendant; Sub Contractor Responsible for Foundation Work: 2nd Defendant; Principal Contractor at Site: 3rd Defendant; Supplier/operator of Crawler Mounted Mobile Crane: 4th Defendant; Certifier/inspector Who Certified Crane Was in Good Working Order: 5th Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 July 2002
Case Number
HCPI130/2001
Procedural Posture
Personal Injury Claim for Damages (negligence) / Liability Conceded; Assessment of Damages Hearing
Outcome
Judgment for plaintiff against each defendant for damages after set-off of prior payments and compensation award
Legal Topics
Damages Assessment, Loss of Earnings, Pain and Suffering and Loss of Amenities, Pre Existing Condition and Causation, Interest, Costs, Mandatory Provident Fund Contribution
Source Language
EN
Torts Personal Injury Employment Law Insurance/compensation Damages Assessment Loss of Earnings Pain and Suffering and Loss of Amenities Pre Existing Condition and Causation +3 more

Case Brief

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Parties

Plaintiff

Plaintiff (injured Welder)

1st Defendant

Employer; Retained Crane Operator

2nd Defendant

Sub Contractor Responsible for Foundation Work

3rd Defendant

Principal Contractor at Site

4th Defendant

Supplier/operator of Crawler Mounted Mobile Crane

5th Defendant

Certifier/inspector Who Certified Crane Was in Good Working Order

Procedural Posture

Personal Injury Claim for Damages (negligence) / Liability Conceded; Assessment of Damages Hearing

Legal Issues

  1. 1 Quantum of general damages for pain and suffering and loss of amenities
  2. 2 Assessment of pre-trial and future loss of earnings
  3. 3 Effect of pre-existing degenerative spinal condition on damages

Ratio Decidendi

Court accepted that the accident caused significant residual right shoulder impairment and aggravated low back pain despite pre-existing degenerative changes, accepted part of plaintiff's evidence on pre-accident freelance earnings, rejected defendants' attempt to discount for pre-existing condition absent evidence it would have produced identical disability, and assessed damages accordingly using a multiplier of 5 for future loss from date of trial.

Court Disposition

Judgment for plaintiff against each defendant for damages after set-off of prior payments and compensation award

Orders

  • Award PSLA $400000 HKD
  • Award pre-trial loss of earnings $565870 HKD