WONG MOON TONG v. WAH FAI TRACTORS SERVICE CO LTD AND ANOTHER

WONG MOON TONG v. WAH FAI TRACTORS SERVICE CO LTD AND ANOTHER

On the balance of probabilities the impact occurred on the cycle track and the 2nd Defendant was negligent for failing to keep a proper lookout when exiting the petrol station and for failing to discover and stop after dragging the deceased under the vehicle; the 1st Defendant is vicariously liable; the deceased was not contributorily negligent; damages awarded as agreed.

Citation
WONG MOON TONG v. WAH FAI TRACTORS SERVICE CO LTD AND ANOTHER
Parties
Administrator of the Estate of WONG KA HANG (deceased) / Plaintiff: WONG MOON TONG; Owner of Vehicle / 1st Defendant: WAH FAI TRACTORS SERVICE CO LTD; Driver of Vehicle / 2nd Defendant: TSE KWOK CHIU
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
11 February 2003
Case Number
DCPI372/2001
Procedural Posture
Personal Injuries Action / Judgment After Trial (reasons Handed Down)
Outcome
Judgment for the Plaintiff; 1st Defendant vicariously liable for the negligence of the 2nd Defendant
Legal Topics
Vicarious Liability, Breach of Duty, Causation, Contributory Negligence, Quantum of Damages, Costs
Source Language
EN
Negligence Road Traffic Law Tort Damages Vicarious Liability Breach of Duty Causation Contributory Negligence +2 more

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Parties

WONG MOON TONG

Administrator of the Estate of WONG KA HANG (deceased) / Plaintiff

WAH FAI TRACTORS SERVICE CO LTD

Owner of Vehicle / 1st Defendant

TSE KWOK CHIU

Driver of Vehicle / 2nd Defendant

Procedural Posture

Personal Injuries Action / Judgment After Trial (reasons Handed Down)

Legal Issues

  1. 1 Whether the 2nd Defendant was negligent in exiting the petrol station and caused the death
  2. 2 Whether the deceased was contributorily negligent
  3. 3 Location of impact (cycle track v pavement v road)

Ratio Decidendi

On the balance of probabilities the impact occurred on the cycle track and the 2nd Defendant was negligent for failing to keep a proper lookout when exiting the petrol station and for failing to discover and stop after dragging the deceased under the vehicle; the 1st Defendant is vicariously liable; the deceased was not contributorily negligent; damages awarded as agreed.

Court Disposition

Judgment for the Plaintiff; 1st Defendant vicariously liable for the negligence of the 2nd Defendant

Orders

  • Award damages to Plaintiff in the sum of HK$255,552.87
  • Damages comprised of bereavement HK$150,000; funeral and special damages HK$50,290; interest on funeral and special damages HK$7,934.75; interest on bereavement HK$47,328.12 (total HK$255,552.87)