CHU CHE PING AND OTHERS v. WONG KOU-SHEE AND ANOTHER

CHU CHE PING AND OTHERS v. WONG KOU-SHEE AND ANOTHER

On the balance of credible eyewitness evidence the first defendant drove through the pedestrian light against the deceased and, given the established defective foot-brake which he knew or ought to have known and failed to maintain, his negligence caused the death; the second defendant was vicariously and personally liable for inadequate maintenance; damages were assessed with a 14-year multiplier, public assistance set off against husband's loss, pre-trial amounts awarded interest at 4% (half rate) and no interest awarded on post-trial economic loss.

Citation
CHU CHE PING AND OTHERS v. WONG KOU-SHEE AND ANOTHER
Parties
Plaintiff (administrator of Estate): Chu Che Ping; Plaintiff (administrator of Estate): Chu Sheung Chun; 1st Defendant: Wong Kou-Shee; 2nd Defendant: Au Yeung Wing-Keung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 January 1980
Case Number
HCA3927/1978
Procedural Posture
Fatal Accidents / Personal Injury (civil Tort) / Judgment (trial)
Outcome
Judgment for plaintiffs; first defendant held 100% liable; second defendant held vicariously and personally liable
Legal Topics
Running Down, Pedestrian Crossing, Brake Failure, Loss of Earnings, Dependency Multiplier, Interest on Damages, Public Assistance Deductibility, Hire of Amah, Funeral Expenses
Source Language
EN
Tort Negligence Vicarious Liability Damages Evidence Running Down Pedestrian Crossing Brake Failure +6 more

Case Brief

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Parties

Chu Che Ping

Plaintiff (administrator of Estate)

Chu Sheung Chun

Plaintiff (administrator of Estate)

Wong Kou-Shee

1st Defendant

Au Yeung Wing-Keung

2nd Defendant

Procedural Posture

Fatal Accidents / Personal Injury (civil Tort) / Judgment (trial)

Legal Issues

  1. 1 Whether first defendant drove through red pedestrian light and breached duty of care
  2. 2 Whether first defendant knew or ought to have known of defective foot-brake and whether defect caused accident
  3. 3 Whether second defendant liable vicariously and personally for inadequate maintenance

Ratio Decidendi

On the balance of credible eyewitness evidence the first defendant drove through the pedestrian light against the deceased and, given the established defective foot-brake which he knew or ought to have known and failed to maintain, his negligence caused the death; the second defendant was vicariously and personally liable for inadequate maintenance; damages were assessed with a 14-year multiplier, public assistance set off against husband's loss, pre-trial amounts awarded interest at 4% (half rate) and no interest awarded on post-trial economic loss.

Court Disposition

Judgment for plaintiffs; first defendant held 100% liable; second defendant held vicariously and personally liable

Orders

  • Judgment for plaintiffs against defendants in the sum of $312,393 HKD
  • Interest at 4% per annum payable on pre-trial loss items for the 31-month period between date of death and judgment (applying half short-term rate)