B K RAM PRASHAD v. FREYSSINET HONG KONG LTD AND ANOTHER

B K RAM PRASHAD v. FREYSSINET HONG KONG LTD AND ANOTHER

Master found plaintiff exaggerated subjective complaints, accepted jointly that impairment was low, accepted Dr Lam's objective assessment that plaintiff could resume pre-accident foreman work, accepted sick leave up to 25 January 2018 for pre-trial loss, awarded PSLA $250,000, pre-trial loss $608,556.48, loss of...

Source-derived case information.

Citation
[2022] HKDC 775
Parties
Plaintiff: B K RAM PRASHAD; 1st Defendant: FREYSSINET HONG KONG LIMITED; 2nd Defendant: GAMMON CONSTRUCTION LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
8 August 2022
Case Number
DCPI1657/2019
Procedural Posture
Personal Injuries Action / Assessment of Damages (master's Assessment)
Outcome
Assessment completed and damages quantified; damages awarded to Plaintiff subject to 25% reduction and set-off for employees' compensation; costs order nisi made in favour of Plaintiff for assessment proceedings.
Legal Topics
Assessment of Damages, Pain, Suffering and Loss of Amenity (psla), Pre Trial Loss of Earnings, Loss of Future Earning Capacity, Credibility of Witnesses, Sick Leave Evidential Weight, Set Off for Employees' Compensation
Source Language
en
Personal Injury Negligence Employment Law Tort Assessment of Damages Pain, Suffering and Loss of Amenity (psla) Pre Trial Loss of Earnings Loss of Future Earning Capacity +3 more

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Parties

B K RAM PRASHAD

Plaintiff

FREYSSINET HONG KONG LIMITED

1st Defendant

GAMMON CONSTRUCTION LIMITED

2nd Defendant

Procedural Posture

Personal Injuries Action / Assessment of Damages (master's Assessment)

Legal Issues

  1. 1 Extent of damages to be awarded (PSLA, pre-trial loss, loss of earning capacity, special damages)
  2. 2 Appropriate length of sick leave for pre-trial loss of earnings
  3. 3 Whether plaintiff could resume pre-accident employment and thus entitlement to future loss

Ratio Decidendi

Master found plaintiff exaggerated subjective complaints, accepted jointly that impairment was low, accepted Dr Lam's objective assessment that plaintiff could resume pre-accident foreman work, accepted sick leave up to 25 January 2018 for pre-trial loss, awarded PSLA $250,000, pre-trial loss $608,556.48, loss of earning capacity $100,000, special damages $22,000, applied 25% reduction and set-off for employees' compensation, resulting in net damages of HK$88,858.85; interest and costs nisi ordered.

Court Disposition

Assessment completed and damages quantified; damages awarded to Plaintiff subject to 25% reduction and set-off for employees' compensation; costs order nisi made in favour of Plaintiff for assessment proceedings.

Orders

  • PSLA awarded HK$250,000
  • Pre-trial loss of earnings awarded HK$608,556.48 (based on sick leave to 25 January 2018)