LAW YUEN WAN AND ANOTHER v. TAI KAM TONG AND OTHERS

LAW YUEN WAN AND ANOTHER v. TAI KAM TONG AND OTHERS

The driver (1st defendant) and owner (2nd defendant) were negligent because the driver failed to keep a proper lookout when approaching a kindergarten and was travelling at about 25 m.p.h.; the teacher (3rd defendant) exercised reasonable care and was not negligent; the infant was not contributorily negligent due to her age; damages awarded to plaintiff against 1st and 2nd defendants accordingly.

Citation
LAW YUEN WAN AND ANOTHER v. TAI KAM TONG AND OTHERS
Parties
Plaintiff (infant): Law Yuen Wan; Next Friend and Mother: Ng Yuk Ying; 1st Defendant (driver): Tai Kam Tong; 2nd Defendant (owner): Yau Shiu Chu; 3rd Defendant (teacher / 1st Third Party): Chan Wai Ling; 4th Defendant (2nd Third Party): Fuk Hang Tsuen Rural Committee
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 November 1983
Case Number
HCA5443/1979
Procedural Posture
Civil Personal Injury (negligence) / Judgment (trial)
Outcome
Judgment for plaintiff against 1st and 2nd defendants; action against 3rd defendant dismissed; 4th defendant found not negligent for apportionment purposes.
Legal Topics
Child Plaintiff, Duty of Care, Standard of Care for Drivers, Supervision of Children, Contributory Negligence, Assessment of Future Loss, Brain Injury, Epilepsy Risk
Source Language
EN
Tort Personal Injury Negligence Damages Child Plaintiff Duty of Care Standard of Care for Drivers Supervision of Children +4 more

Case Brief

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 4 Authorities cited 2 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Law Yuen Wan

Plaintiff (infant)

Ng Yuk Ying

Next Friend and Mother

Tai Kam Tong

1st Defendant (driver)

Yau Shiu Chu

2nd Defendant (owner)

Chan Wai Ling

3rd Defendant (teacher / 1st Third Party)

Fuk Hang Tsuen Rural Committee

4th Defendant (2nd Third Party)

Procedural Posture

Civil Personal Injury (negligence) / Judgment (trial)

Legal Issues

  1. 1 Was the 1st defendant negligent in driving and keeping lookout?
  2. 2 Was the 3rd defendant negligent in supervising the children?
  3. 3 Was the 4th defendant negligent in running the kindergarten?

Ratio Decidendi

The driver (1st defendant) and owner (2nd defendant) were negligent because the driver failed to keep a proper lookout when approaching a kindergarten and was travelling at about 25 m.p.h.; the teacher (3rd defendant) exercised reasonable care and was not negligent; the infant was not contributorily negligent due to her age; damages awarded to plaintiff against 1st and 2nd defendants accordingly.

Court Disposition

Judgment for plaintiff against 1st and 2nd defendants; action against 3rd defendant dismissed; 4th defendant found not negligent for apportionment purposes.

Orders

  • General damages awarded $180,000 HKD
  • Special damages awarded $8,104 HKD