CHEUNG CHUN WING v. SZETO SAU HA AND ANOTHER

CHEUNG CHUN WING v. SZETO SAU HA AND ANOTHER

Master preferred the plaintiff's treating neurologist (Dr Ho) over defendant's expert (Dr Yu), found the plaintiff suffers continuing disability from sciatic nerve injury that precludes return to former construction work, and awarded damages reflecting significant pain and diminished earning capacity: PSLA $480,000; past loss $278,222; prospective loss $2,820,283 (multiplier 12); specials $32,112; total $3,610,617 subject to credit of $150,000 if paid; interest and costs as ordered.

Citation
CHEUNG CHUN WING v. SZETO SAU HA AND ANOTHER
Parties
Plaintiff: Cheung Chun Wing; 1st Defendant: Szeto Sau Ha; 2nd Defendant: Chau Pang Fai Breman
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 November 2000
Case Number
HCPI231/1999
Procedural Posture
Personal Injury (medical Negligence) / Assessment of Damages (post Interlocutory Judgment)
Outcome
Judgment for plaintiff in respect of damages; assessment awards made totalling $3,610,617 with credit of $150,000 to be given if already paid; interest and costs ordered.
Legal Topics
Sciatic Nerve Injury, Quantum of Damages, Past Loss of Earnings, Future Loss of Earnings, Special Damages, Credit for Payments, Credibility and Malingering
Source Language
EN
Torts Medical Negligence Personal Injury Damages Assessment Sciatic Nerve Injury Quantum of Damages Past Loss of Earnings Future Loss of Earnings +3 more

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Parties

Cheung Chun Wing

Plaintiff

Szeto Sau Ha

1st Defendant

Chau Pang Fai Breman

2nd Defendant

Procedural Posture

Personal Injury (medical Negligence) / Assessment of Damages (post Interlocutory Judgment)

Legal Issues

  1. 1 Whether the plaintiff suffers continuing disability from negligent intramuscular injection
  2. 2 Quantum of general damages for pain, suffering and loss of amenities
  3. 3 Calculation of past and future loss of earnings and appropriate multiplier

Ratio Decidendi

Master preferred the plaintiff's treating neurologist (Dr Ho) over defendant's expert (Dr Yu), found the plaintiff suffers continuing disability from sciatic nerve injury that precludes return to former construction work, and awarded damages reflecting significant pain and diminished earning capacity: PSLA $480,000; past loss $278,222; prospective loss $2,820,283 (multiplier 12); specials $32,112; total $3,610,617 subject to credit of $150,000 if paid; interest and costs as ordered.

Court Disposition

Judgment for plaintiff in respect of damages; assessment awards made totalling $3,610,617 with credit of $150,000 to be given if already paid; interest and costs ordered.

Orders

  • Award general damages (pain, suffering and loss of amenities) $480,000
  • Award past loss of earnings $278,222