TSANG KAY PING ALIAS TSANG TING AND OTHERS v. LO WAI YU AND ANOTHER

TSANG KAY PING ALIAS TSANG TING AND OTHERS v. LO WAI YU AND ANOTHER

On the evidence the 1st defendant was negligent for driving too fast for the prevailing wet/windy conditions causing loss of control; the 2nd defendant as owner is vicariously liable; the plaintiff failed to prove brain damage causally linked to the accident and his credibility was poor, but he proved fractures, lacerations and temporary disability; damages were assessed on that basis and awarded in the sum of $52,700 jointly against the defendants.

Citation
TSANG KAY PING ALIAS TSANG TING AND OTHERS v. LO WAI YU AND ANOTHER
Parties
1st Plaintiff: TSANG KAY PING alias TSANG TING; 2nd Plaintiff: TSANG FAT YAM (an infant) by TSANG KAY PING his father and next friend; 1st Defendant: LO WAI YU; 2nd Defendant: YEUNG SHAT LING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 March 1986
Case Number
HCA2132/1980
Procedural Posture
High Court Personal Injury (motor Vehicle) Action / Trial Judgment (heard Feb 14, 17, 18 1986; Judgment Delivered Mar 12, 1986)
Outcome
Judgment for the plaintiffs against the 1st and 2nd defendants (jointly liable)
Legal Topics
Negligence, Vicarious Liability of Vehicle Owner, Assessment of Damages for Personal Injury, Medical Causation and Proof, Delay in Prosecution and Revival of Actions, Insurance/motor Insurers Bureau Issues
Source Language
EN
Tort Motor Vehicle Accidents Vicarious Liability Evidence Assessment of Damages Negligence Vicarious Liability of Vehicle Owner Assessment of Damages for Personal Injury +3 more

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Parties

TSANG KAY PING alias TSANG TING

1st Plaintiff

TSANG FAT YAM (an infant) by TSANG KAY PING his father and next friend

2nd Plaintiff

LO WAI YU

1st Defendant

YEUNG SHAT LING

2nd Defendant

Procedural Posture

High Court Personal Injury (motor Vehicle) Action / Trial Judgment (heard Feb 14, 17, 18 1986; Judgment Delivered Mar 12, 1986)

Legal Issues

  1. 1 Whether the driver (1st defendant) was negligent in loss of control of the PLB
  2. 2 Whether the 2nd defendant as owner was vicariously liable for the driver's negligence
  3. 3 Whether the plaintiff proved brain injury causally connected to the accident

Ratio Decidendi

On the evidence the 1st defendant was negligent for driving too fast for the prevailing wet/windy conditions causing loss of control; the 2nd defendant as owner is vicariously liable; the plaintiff failed to prove brain damage causally linked to the accident and his credibility was poor, but he proved fractures, lacerations and temporary disability; damages were assessed on that basis and awarded in the sum of $52,700 jointly against the defendants.

Court Disposition

Judgment for the plaintiffs against the 1st and 2nd defendants (jointly liable)

Orders

  • Judgment entered for plaintiffs against 1st and 2nd defendants for $52,700
  • No interest to be awarded (judge's present inclination)