BIJAY RAI v. PACIFIC CROWN ENGINEERING LTD. AND ANOTHER

BIJAY RAI v. PACIFIC CROWN ENGINEERING LTD. AND ANOTHER

Defendants admitted liability leaving only quantum; on the evidence the court accepted the plaintiff's medical and expert evidence, found total incapacity for future work, awarded substantial damages for pain and suffering (HK$720,000), awarded past and future loss of earnings based on the plaintiff's pre-accident...

Source-derived case information.

Citation
BIJAY RAI v. PACIFIC CROWN ENGINEERING LTD. AND ANOTHER
Parties
Plaintiff: Bijay Rai; 1st Defendant: Pacific Crown Engineering Limited; 2nd Defendant: BCJ Joint Venture
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 April 2002
Case Number
HCPI1045/1998
Procedural Posture
Personal Injuries Action / Judgment on Quantum Following Admission of Liability
Outcome
Judgment for the plaintiff for net damages of HK$4,043,692; costs and interest as ordered.
Legal Topics
Amputation, Prosthesis (c Leg), Loss of Earnings, Future Pecuniary Losses, Interest, Assessment of Damages
Source Language
en
Personal Injury Negligence Employer's Liability Damages Assessment Amputation Prosthesis (c Leg) Loss of Earnings Future Pecuniary Losses +2 more

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Parties

Bijay Rai

Plaintiff

Pacific Crown Engineering Limited

1st Defendant

BCJ Joint Venture

2nd Defendant

Procedural Posture

Personal Injuries Action / Judgment on Quantum Following Admission of Liability

Legal Issues

  1. 1 Quantum of damages for above-knee amputation and consequential loss
  2. 2 Whether advanced prosthesis (C-Leg) is a reasonable recoverable future expense
  3. 3 Assessment of past and future loss of earnings and earning capacity

Ratio Decidendi

Defendants admitted liability leaving only quantum; on the evidence the court accepted the plaintiff's medical and expert evidence, found total incapacity for future work, awarded substantial damages for pain and suffering (HK$720,000), awarded past and future loss of earnings based on the plaintiff's pre-accident wage and adopted multipliers, allowed the cost of C-Leg prostheses and quantified future pecuniary losses, deducted the employees' compensation award paid, and directed interest and costs accordingly.

Court Disposition

Judgment for the plaintiff for net damages of HK$4,043,692; costs and interest as ordered.

Orders

  • Judgment entered for the plaintiff; total damages awarded before deduction HK$5,454,022
  • Deduct employees' compensation award of HK$1,410,330 resulting in net judgment HK$4,043,692