CAPITLY, ELNA LANUZA v. AUREA ELOISA SALES AND ANOTHER

CAPITLY, ELNA LANUZA v. AUREA ELOISA SALES AND ANOTHER

Judge found plaintiff not credible on material aspects, preferred defendant's witness (Alecia) to plaintiff's untested witness (John), found no established propensity to mischief by the dog and that the plaintiff kicked the dog which had calmed down, making the bite a direct and sole consequence of the plaintiff's...

Source-derived case information.

Citation
CAPITLY, ELNA LANUZA v. AUREA ELOISA SALES AND ANOTHER
Parties
Plaintiff: CAPITLY, ELNA LANUZA; 1st Defendant: AUREA ELOISA SALES; 2nd Defendant: CHU CHEE HUNG MICHAEL
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
20 February 2008
Case Number
DCPI580/2007
Procedural Posture
Personal Injuries / Judgment After Trial (hearing 4 6 Feb 2008; Judgment 20 Feb 2008)
Outcome
Plaintiff's action dismissed.
Legal Topics
Dog Bite, Scienter, Negligence, Damages, Causation, Credibility of Witnesses
Source Language
en
Torts Personal Injury Animal Law Dog Bite Scienter Negligence Damages Causation +1 more

Source-derived case record

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 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

CAPITLY, ELNA LANUZA

Plaintiff

AUREA ELOISA SALES

1st Defendant

CHU CHEE HUNG MICHAEL

2nd Defendant

Procedural Posture

Personal Injuries / Judgment After Trial (hearing 4 6 Feb 2008; Judgment 20 Feb 2008)

Legal Issues

  1. 1 Whether owner/custodian liable under scienter for a dog bite
  2. 2 Whether owner/custodian liable in negligence for failure to control the dog
  3. 3 Whether plaintiff's conduct (kicking the dog) constitutes the sole cause or bars recovery

Ratio Decidendi

Judge found plaintiff not credible on material aspects, preferred defendant's witness (Alecia) to plaintiff's untested witness (John), found no established propensity to mischief by the dog and that the plaintiff kicked the dog which had calmed down, making the bite a direct and sole consequence of the plaintiff's assault; therefore scienter not established and defendants not negligent, so claim dismissed.

Court Disposition

Plaintiff's action dismissed.

Orders

  • Plaintiff to pay the 1st and 2nd Defendants' costs, inclusive of costs of securing Alecia dela Paz's attendance in Court, to be taxed if not agreed
  • Plaintiff's own costs to be taxed in accordance with Legal Aid Regulations