FANG GUO QUAN AND ANOTHER v. CHOI MING SANG WEISHENG BUS LTD AND ANOTHER

FANG GUO QUAN AND ANOTHER v. CHOI MING SANG WEISHENG BUS LTD AND ANOTHER

The court found the 1st Defendant negligent for failing to keep a safe distance and for inattentive driving; the post-accident waiver did not bar Hong Kong proceedings; the 2nd Defendant was liable because it undertook to provide or held out services and is vicariously liable for the driver; objective evidence showed no safety belts and therefore no contributory negligence; damages were assessed and awarded accordingly.

Citation
FANG GUO QUAN AND ANOTHER v. CHOI MING SANG WEISHENG BUS LTD AND ANOTHER
Parties
Plaintiff (husband): Fang Guo Quan; Plaintiff (wife): Yu Yan Wei; 1st Defendant (driver): Choi Ming Sang; 2nd Defendant (company): Weisheng Bus Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
23 December 2010
Case Number
DCPI1468/2008
Procedural Posture
Personal Injuries Action / Judgment at Trial
Outcome
Judgment for Plaintiffs against both Defendants
Legal Topics
Negligence, Contributory Negligence, Waiver, Promissory Estoppel, Damages, Causation, Safety Equipment/regulation
Source Language
EN
Personal Injury Tort Contract Vicarious Liability Jurisdiction/forum Non Conveniens Negligence Contributory Negligence Waiver +4 more

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Parties

Fang Guo Quan

Plaintiff (husband)

Yu Yan Wei

Plaintiff (wife)

Choi Ming Sang

1st Defendant (driver)

Weisheng Bus Limited

2nd Defendant (company)

Procedural Posture

Personal Injuries Action / Judgment at Trial

Legal Issues

  1. 1 Did the 1st Defendant negligently cause the accident?
  2. 2 Were safety belts available and did Plaintiffs' failure to wear them amount to contributory negligence?
  3. 3 Did the Plaintiffs' signing of a post-accident waiver preclude claims in Hong Kong?

Ratio Decidendi

The court found the 1st Defendant negligent for failing to keep a safe distance and for inattentive driving; the post-accident waiver did not bar Hong Kong proceedings; the 2nd Defendant was liable because it undertook to provide or held out services and is vicariously liable for the driver; objective evidence showed no safety belts and therefore no contributory negligence; damages were assessed and awarded accordingly.

Court Disposition

Judgment for Plaintiffs against both Defendants

Orders

  • Husband awarded HK$240,117.5 (PSLA HK$200,000; other heads as specified)
  • Wife awarded HK$434,656.0 (PSLA HK$200,000; other heads as specified)