LAI WAI FUN v. WONG SHUN HUNG

LAI WAI FUN v. WONG SHUN HUNG

The accident was caused primarily by the overloaded condition of the LGV which produced brake fade; the 2nd defendant (employer/operator) bore primary responsibility for overloading and failure to warn or provide weighing facilities and was therefore 80% liable, while the 1st defendant (driver) was 20% liable for negligence in failing to take reasonable steps to ensure the vehicle was not overloaded.

Citation
LAI WAI FUN v. WONG SHUN HUNG
Parties
Deceased / Victim: LAI WAI FUN; Plaintiff Appointed Personal Representative of Estate: LAU SIU HUNG; Plaintiff Infant Dependant: LAU TSZ CHING; Plaintiff Dependant: LAU OI LING; Plaintiff Dependant: FUNG SHUI YUNG; 1st Defendant Driver of LGV: WONG SHUN HUNG; 2nd Defendant Employer / Operator of LGV: CHAN PO WAH RICHARD OLIVER trading as POLAR CONSTRUCTION & ENGINEERING CO.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 April 2001
Case Number
HCPI1115/1999
Procedural Posture
Fatal Accident / Personal Injuries With Third‑party Contribution Claim / Ruling on Contribution Notice at Trial After Settlement Between Plaintiff and 1st Defendant
Outcome
Contribution allowed; liability apportioned between defendants with primary blame on 2nd defendant
Legal Topics
Negligence, Contribution, Apportionment of Liability, Vehicle Overloading, Duty to Ensure Vehicle Safety
Source Language
EN
Tort Road Traffic Law Employers' Liability Civil Procedure Negligence Contribution Apportionment of Liability Vehicle Overloading +1 more

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Parties

LAI WAI FUN

Deceased / Victim

LAU SIU HUNG

Plaintiff Appointed Personal Representative of Estate

LAU TSZ CHING

Plaintiff Infant Dependant

LAU OI LING

Plaintiff Dependant

FUNG SHUI YUNG

Plaintiff Dependant

WONG SHUN HUNG

1st Defendant Driver of LGV

CHAN PO WAH RICHARD OLIVER trading as POLAR CONSTRUCTION & ENGINEERING CO.

2nd Defendant Employer / Operator of LGV

Procedural Posture

Fatal Accident / Personal Injuries With Third‑party Contribution Claim / Ruling on Contribution Notice at Trial After Settlement Between Plaintiff and 1st Defendant

Legal Issues

  1. 1 Whether the 2nd defendant was liable to contribute for damages caused by an overloaded LGV
  2. 2 Whether the 1st defendant breached duty by failing to ascertain gross vehicle weight
  3. 3 Causation: whether overloading caused brake fade and the accident

Ratio Decidendi

The accident was caused primarily by the overloaded condition of the LGV which produced brake fade; the 2nd defendant (employer/operator) bore primary responsibility for overloading and failure to warn or provide weighing facilities and was therefore 80% liable, while the 1st defendant (driver) was 20% liable for negligence in failing to take reasonable steps to ensure the vehicle was not overloaded.

Court Disposition

Contribution allowed; liability apportioned between defendants with primary blame on 2nd defendant

Orders

  • Liability apportioned between defendants: 1st defendant 20% and 2nd defendant 80%
  • The apportionment applies as between the defendants to the damages recovered by the plaintiff and to the costs of the action