RAI RANA MAGAR PABITRA AND ANOTHER v. PACIFIC CONSTRUCTION (HK) CO LTD AND OTHERS

RAI RANA MAGAR PABITRA AND ANOTHER v. PACIFIC CONSTRUCTION (HK) CO LTD AND OTHERS

The defendants were negligent and in breach of statutory duties (Construction Sites (Safety) Regulations Reg.38A(3) and OSH Ordinance ss.6(1),7) by failing to remove or secure the seat and by failing to ensure the carrier's blind spot was checked; the deceased was contributorily negligent but only to the extent of 25%; damages assessed on the stated heads and calculations produce a judgment for the plaintiffs in the sum of HK$467,721 plus costs nisi and interest to be agreed.

Citation
RAI RANA MAGAR PABITRA AND ANOTHER v. PACIFIC CONSTRUCTION (HK) CO LTD AND OTHERS
Parties
1st Plaintiff; Personal Representative of the Estate of Rana Magar Mohan Jung, Deceased: RAI RANA MAGAR PABITRA; 2nd Plaintiff; Personal Representative of the Estate of Rana Magar Mohan Jung, Deceased: RAI RANA MAGAR NAMRATA; 1st Defendant: PACIFIC CONSTRUCTION (HK) CO. LTD.; 2nd Defendant: VSL SWC; 3rd Defendant: GAMMON-SKANSKA-MBEC JOINT VENTURE
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 March 2011
Case Number
HCPI398/2008
Procedural Posture
Personal Injuries Action (fatal Accident) / Judgment (court of First Instance; Judgment Delivered 7 March 2011)
Outcome
Judgment for the plaintiffs
Legal Topics
Negligence, Contributory Negligence, Breach of Statutory Duty, Assessment of Damages, Apportionment, Workplace Safety Regulations
Source Language
EN
Torts Occupational Safety and Health Construction Law Civil Procedure Damages Law Negligence Contributory Negligence Breach of Statutory Duty +3 more

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Parties

RAI RANA MAGAR PABITRA

1st Plaintiff; Personal Representative of the Estate of Rana Magar Mohan Jung, Deceased

RAI RANA MAGAR NAMRATA

2nd Plaintiff; Personal Representative of the Estate of Rana Magar Mohan Jung, Deceased

PACIFIC CONSTRUCTION (HK) CO. LTD.

1st Defendant

VSL SWC

2nd Defendant

GAMMON-SKANSKA-MBEC JOINT VENTURE

3rd Defendant

Procedural Posture

Personal Injuries Action (fatal Accident) / Judgment (court of First Instance; Judgment Delivered 7 March 2011)

Legal Issues

  1. 1 Whether defendants were negligent in operation and site safety leading to death of worker
  2. 2 Whether defendants breached statutory duties under Construction Sites (Safety) Regulations and Occupational Safety and Health Ordinance
  3. 3 Extent of deceased's contributory negligence and appropriate percentage reduction

Ratio Decidendi

The defendants were negligent and in breach of statutory duties (Construction Sites (Safety) Regulations Reg.38A(3) and OSH Ordinance ss.6(1),7) by failing to remove or secure the seat and by failing to ensure the carrier's blind spot was checked; the deceased was contributorily negligent but only to the extent of 25%; damages assessed on the stated heads and calculations produce a judgment for the plaintiffs in the sum of HK$467,721 plus costs nisi and interest to be agreed.

Court Disposition

Judgment for the plaintiffs

Orders

  • Judgment for plaintiffs in the sum of HK$467,721
  • Costs order nisi in favour of the plaintiffs to be taxed if not agreed