THOMAS FISKER HANSEN AND ANOTHER v. TANG WAI KEUNG AND ANOTHER

THOMAS FISKER HANSEN AND ANOTHER v. TANG WAI KEUNG AND ANOTHER

2nd defendant held vicariously liable for negligent driving of 1st defendant; contributory negligence of 1st plaintiff not established because no evidence linked failure to wear seat belt to the injuries; alleged pre-existing conditions insufficiently proven to reduce PSLA; evidence supported soft tissue injuries with limited residual disability so PSLA fixed at HKD100,000 each; loss of earning capacity not established for either plaintiff; agreed special and post-trial expenses awarded and interest and costs ordered as specified.

Citation
[2022] HKDC 1266
Parties
1st Plaintiff: Thomas Fisker Hansen; 2nd Plaintiff: Dorthe Fisker Hansen; 1st Defendant: Tang Wai Keung; 2nd Defendant: Diamond Electronics Hong Kong Company Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
3 November 2022
Case Number
DCPI2374/2018
Procedural Posture
Personal Injuries Action / Judgment After Trial (district Court)
Outcome
Judgment for 1st and 2nd plaintiffs against the defendants; 2nd defendant liable vicariously; damages awarded to plaintiffs as set out below; costs ordered nisi in favour of plaintiffs.
Legal Topics
Vicarious Liability, Contributory Negligence, Seat Belt Cases, Pre Existing Condition, Pain, Suffering and Loss of Amenities (psla), Loss of Earning Capacity, Special Damages, Interest, Costs
Source Language
EN
Tort Personal Injury Employer Liability Negligence Damages Vicarious Liability Contributory Negligence Seat Belt Cases +6 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 12 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Thomas Fisker Hansen

1st Plaintiff

Dorthe Fisker Hansen

2nd Plaintiff

Tang Wai Keung

1st Defendant

Diamond Electronics Hong Kong Company Limited

2nd Defendant

Procedural Posture

Personal Injuries Action / Judgment After Trial (district Court)

Legal Issues

  1. 1 Whether 2nd defendant liable as employer for negligent driving of 1st defendant
  2. 2 Whether 1st plaintiff guilty of contributory negligence for not wearing seat belt and whether that reduced damages
  3. 3 Whether pre-existing conditions of either plaintiff reduce PSLA or other awards

Ratio Decidendi

2nd defendant held vicariously liable for negligent driving of 1st defendant; contributory negligence of 1st plaintiff not established because no evidence linked failure to wear seat belt to the injuries; alleged pre-existing conditions insufficiently proven to reduce PSLA; evidence supported soft tissue injuries with limited residual disability so PSLA fixed at HKD100,000 each; loss of earning capacity not established for either plaintiff; agreed special and post-trial expenses awarded and interest and costs ordered as specified.

Court Disposition

Judgment for 1st and 2nd plaintiffs against the defendants; 2nd defendant liable vicariously; damages awarded to plaintiffs as set out below; costs ordered nisi in favour of plaintiffs.

Orders

  • 1st plaintiff awarded PSLA HKD100000, medical expenses HKD6000, tonic food HKD5000, travelling expenses HKD11500, post-trial expenses HKD10000; total HKD132500
  • 2nd plaintiff awarded PSLA HKD100000, medical expenses HKD1139, tonic food HKD5000, travelling expenses HKD43428, post-trial expenses HKD5000; total HKD154567