WONG SUET YING AND ANOTHER v. CHAN CHUI KING AND ANOTHER

WONG SUET YING AND ANOTHER v. CHAN CHUI KING AND ANOTHER

The judge accepted the 2nd defendant and bus passenger as credible, found physical and circumstantial evidence consistent with the deceased having crossed the centre line and striking the bus on its correct side, and concluded the 2nd defendant was not negligent and had no opportunity to evade; therefore the plaintiffs' claim failed and was dismissed.

Citation
WONG SUET YING AND ANOTHER v. CHAN CHUI KING AND ANOTHER
Parties
Plaintiff (administratrix of the Estate of TONG KWOK Ming): WONG SUET RING; Plaintiff (administratrix of the Estate of TONG KWOK Ming): CHUI SHUT CHEF (or CHI); 1st Defendant: CHAN CHUI KING; 2nd Defendant: CHAU CHI CHEUNG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 October 1983
Case Number
HCA502/1981
Procedural Posture
Civil Fatal Accidents / Wrongful Death (road Traffic Accident) / Judgment at Trial (high Court)
Outcome
Action dismissed; plaintiffs' claim fails
Legal Topics
Causation, Credibility of Witnesses, Evidence Assessment, Damages Calculation, Duty of Care
Source Language
EN
Torts Road Traffic Wrongful Death Negligence Statutory Remedies Under Fatal Accidents Ordinance Causation Credibility of Witnesses Evidence Assessment +2 more

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Parties

WONG SUET RING

Plaintiff (administratrix of the Estate of TONG KWOK Ming)

CHUI SHUT CHEF (or CHI)

Plaintiff (administratrix of the Estate of TONG KWOK Ming)

CHAN CHUI KING

1st Defendant

CHAU CHI CHEUNG

2nd Defendant

Procedural Posture

Civil Fatal Accidents / Wrongful Death (road Traffic Accident) / Judgment at Trial (high Court)

Legal Issues

  1. 1 Whether the defendants (through the 2nd defendant driver) were negligent in causing the collision
  2. 2 Whether the deceased drove over the centre dividing line while intoxicated and thus caused the collision
  3. 3 Whether the 2nd defendant had opportunity to take evasive action

Ratio Decidendi

The judge accepted the 2nd defendant and bus passenger as credible, found physical and circumstantial evidence consistent with the deceased having crossed the centre line and striking the bus on its correct side, and concluded the 2nd defendant was not negligent and had no opportunity to evade; therefore the plaintiffs' claim failed and was dismissed.

Court Disposition

Action dismissed; plaintiffs' claim fails

Orders

  • Action dismissed