CHEUNG SHING CHI v. LEE KAI YUNG AND ANOTHER

CHEUNG SHING CHI v. LEE KAI YUNG AND ANOTHER

The court found on the balance of evidence that the plaintiff was on duty and the 1st defendant was driving in the course of employment; the 1st defendant's conviction established negligence; consequently the 2nd defendant is vicariously liable. The court rejected contributory negligence for lack of reliable evidence. On quantum, the court awarded PSLA and pre-trial loss only up to the end of certified sick leave, refused awards for post-sick leave loss and future loss of earning capacity for want of expert evidence, allowed reasonable special damages, and reduced the total by the employees' compensation award.

Citation
[2018] HKDC 1181
Parties
Plaintiff: Cheung Shing Chi; 1st Defendant: Lee Kai Yung; 2nd Defendant: Hoi Tat Transport Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
21 September 2018
Case Number
DCPI1887/2016
Procedural Posture
Personal Injuries Action / Judgment After Trial
Outcome
Judgment for plaintiff against defendants; plaintiff awarded net damages and costs with interest as specified.
Legal Topics
Vicarious Liability, Contributory Negligence, Careless Driving, Quantum of Damages, Employees' Compensation, Interest, Costs
Source Language
EN
Tort Employment Law Personal Injury Commercial Transport Law Procedural Law Vicarious Liability Contributory Negligence Careless Driving +4 more

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Parties

Cheung Shing Chi

Plaintiff

Lee Kai Yung

1st Defendant

Hoi Tat Transport Limited

2nd Defendant

Procedural Posture

Personal Injuries Action / Judgment After Trial

Legal Issues

  1. 1 Whether employer (2nd defendant) is vicariously liable for negligence of driver (1st defendant)
  2. 2 Whether plaintiff was contributorily negligent
  3. 3 Proper quantum of damages and permissible set-off for employees' compensation

Ratio Decidendi

The court found on the balance of evidence that the plaintiff was on duty and the 1st defendant was driving in the course of employment; the 1st defendant's conviction established negligence; consequently the 2nd defendant is vicariously liable. The court rejected contributory negligence for lack of reliable evidence. On quantum, the court awarded PSLA and pre-trial loss only up to the end of certified sick leave, refused awards for post-sick leave loss and future loss of earning capacity for want of expert evidence, allowed reasonable special damages, and reduced the total by the employees' compensation award.

Court Disposition

Judgment for plaintiff against defendants; plaintiff awarded net damages and costs with interest as specified.

Orders

  • Defendants jointly and severally to pay the plaintiff damages in the sum of HK$168,920
  • Interest on PSLA at 2% per annum from date of service of the writ to date of judgment