YIP KWAN CHEUNG AND ANOTHER v. CHIM HONG WING

YIP KWAN CHEUNG AND ANOTHER v. CHIM HONG WING

Defendant was liable in negligence for crashing into the plaintiffs' shop while drink driving; on the evidence the court accepted the 1st Plaintiff suffered a compensable psychiatric injury and preferred the expert assessment of 6% disability (Dr. Mak) for loss of earning capacity calculations, awarded PSLA...

Source-derived case information.

Citation
YIP KWAN CHEUNG AND ANOTHER v. CHIM HONG WING
Parties
1st Plaintiff: Yip Kwan Cheung; 2nd Plaintiff: Yip Kwan Cheung and Yip Wai Yuen trading as Tai Hing Optical Company; Defendant: Chim Hong Wing
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
26 February 2007
Case Number
DCPI475/2006
Procedural Posture
Personal Injuries Action / Assessment of Damages (judgment Handed Down)
Outcome
Judgment for the 1st and 2nd Plaintiffs; Defendant liable in negligence; damages awarded as specified below
Legal Topics
Liability, Quantum of Damages, Psychiatric Injury (ptsd), Future Medical Expenses, Loss of Earning Capacity, Special Damages, Insurance Deduction, Interest, Costs
Source Language
en
Tort Personal Injury Negligence Road Traffic Law Damages Liability Quantum of Damages Psychiatric Injury (ptsd) +6 more

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Parties

Yip Kwan Cheung

1st Plaintiff

Yip Kwan Cheung and Yip Wai Yuen trading as Tai Hing Optical Company

2nd Plaintiff

Chim Hong Wing

Defendant

Procedural Posture

Personal Injuries Action / Assessment of Damages (judgment Handed Down)

Legal Issues

  1. 1 Whether the defendant was liable in negligence for crashing into the plaintiffs' shop while drink driving and causing personal injury and property damage
  2. 2 Proper assessment of general damages (PSLA) for PTSD and physical injury to the 1st Plaintiff
  3. 3 Assessment of loss of earning capacity and future medical expenses for the 1st Plaintiff

Ratio Decidendi

Defendant was liable in negligence for crashing into the plaintiffs' shop while drink driving; on the evidence the court accepted the 1st Plaintiff suffered a compensable psychiatric injury and preferred the expert assessment of 6% disability (Dr. Mak) for loss of earning capacity calculations, awarded PSLA HK$250,000 and other heads as detailed, accepted the plaintiffs' valuations of special damages including an assessed value for broken glasses/frames, and held that insurance proceeds received by the 2nd Plaintiff are not deductible from damages.

Court Disposition

Judgment for the 1st and 2nd Plaintiffs; Defendant liable in negligence; damages awarded as specified below

Orders

  • Judgment for 1st Plaintiff in the sum of HK$329,120.00
  • Judgment for 2nd Plaintiff in the sum of HK$569,674.64