YU BIK CHU AND OTHERS v. YU FAI LOK AND ANOTHER

YU BIK CHU AND OTHERS v. YU FAI LOK AND ANOTHER

Court found on the proven facts that the bus driver failed to keep a proper lookout and was wholly to blame; employer liable vicariously; expert conflict on speed was disregarded and ordinary evidence used; damages awarded to estate with multiplier of nine, total HKD 334,089.

Source-derived case information.

Citation
YU BIK CHU AND OTHERS v. YU FAI LOK AND ANOTHER
Parties
Plaintiff Administratrix: YU BIK CHU; Plaintiff Co Administratrix: YAN LAI FONG; 1st Defendant: YU FAI LOK; 2nd Defendant: KOWLOON MOTOR BUS COMPANY (1933) LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 June 1987
Case Number
HCA5451/1983
Procedural Posture
Civil Negligence / Wrongful Death / Judgment at Trial
Outcome
Judgment for the plaintiff (estate of Yan) against 1st and 2nd defendants
Legal Topics
Duty of Care, Vicarious Liability, Causation, Assessment of Damages, Traffic Accident
Source Language
en
Tort Negligence Fatal Accidents Damages Duty of Care Vicarious Liability Causation Assessment of Damages +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

YU BIK CHU

Plaintiff Administratrix

YAN LAI FONG

Plaintiff Co Administratrix

YU FAI LOK

1st Defendant

KOWLOON MOTOR BUS COMPANY (1933) LIMITED

2nd Defendant

Procedural Posture

Civil Negligence / Wrongful Death / Judgment at Trial

Legal Issues

  1. 1 Whether the bus driver failed to keep a proper lookout and was negligent
  2. 2 Whether the employer is vicariously liable for the driver's negligence
  3. 3 Whether the accident is unexplained requiring equal apportionment of blame

Ratio Decidendi

Court found on the proven facts that the bus driver failed to keep a proper lookout and was wholly to blame; employer liable vicariously; expert conflict on speed was disregarded and ordinary evidence used; damages awarded to estate with multiplier of nine, total HKD 334,089.

Court Disposition

Judgment for the plaintiff (estate of Yan) against 1st and 2nd defendants

Orders

  • Judgment for the estate of Yan in the sum of HKD 334089
  • No separate award under the Fatal Accidents Ordinance as damages merge with LARCO award