TONG KAI WING v. CHENG WAI LUN ALAN AND ANOTHER

TONG KAI WING v. CHENG WAI LUN ALAN AND ANOTHER

The court held there was no proven causal link between the December 2002 accident and the frozen shoulder diagnosed in January 2004 due to the delay in symptoms, lack of documentary linkage and expert opinion; accordingly the court fixed PSLA at $200,000 and calculated past and future loss of earnings excluding the frozen shoulder as a consequence of the absence of causation.

Citation
TONG KAI WING v. CHENG WAI LUN ALAN AND ANOTHER
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 September 2007
Case Number
HCPI582/2005
Procedural Posture
Personal Injury Damages / Judgment
Outcome
Judgment for the plaintiff in the sum of $550,575 plus interest; costs order nisi in favour of plaintiff to be taxed if not agreed.
Legal Topics
Causation, Quantum, Loss of Earnings, Pain and Suffering, Medical Evidence
Source Language
EN
Tort Personal Injury Occupational Injury Damages Causation Quantum Loss of Earnings Pain and Suffering +1 more

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Procedural Posture

Personal Injury Damages / Judgment

Legal Issues

  1. 1 Whether the frozen shoulder was causally linked to the accident
  2. 2 Appropriate award for pain, suffering and loss of amenity (PSLA)
  3. 3 Appropriate duration of sick leave

Ratio Decidendi

The court held there was no proven causal link between the December 2002 accident and the frozen shoulder diagnosed in January 2004 due to the delay in symptoms, lack of documentary linkage and expert opinion; accordingly the court fixed PSLA at $200,000 and calculated past and future loss of earnings excluding the frozen shoulder as a consequence of the absence of causation.

Court Disposition

Judgment for the plaintiff in the sum of $550,575 plus interest; costs order nisi in favour of plaintiff to be taxed if not agreed.

Orders

  • Judgment entered for the plaintiff for $550,575
  • Interest at rates to be agreed between the parties