CHU SIO IONG v. CHEUNG HO YIN AND ANOTHER

CHU SIO IONG v. CHEUNG HO YIN AND ANOTHER

Judge accepted plaintiff's account and found defendants fully liable; rejected contributory negligence because it was reasonable for plaintiff to assume the milk crate remained and the crate was comparable to an ordinary chair; awarded damages based on accepted medical evidence that residual back pain was mild and...

Source-derived case information.

Citation
CHU SIO IONG v. CHEUNG HO YIN AND ANOTHER
Parties
Plaintiff: Chu; 1st Defendant: Cheung; 2nd Defendant: A.S. Watson & Company, Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
7 May 2013
Case Number
DCPI580/2011
Procedural Posture
Personal Injury (negligence) / Judgment (trial)
Outcome
Judgment for the Plaintiff; defendants found fully liable; damages awarded to plaintiff with specified breakdown; costs ordered nisi in favour of plaintiff
Legal Topics
Negligence, Contributory Negligence, Damages (psla, Loss of Earnings, Special Damages), Causation, Vicarious Liability
Source Language
en
Tort Employment Law Occupiers' Liability Occupational Safety and Health Negligence Contributory Negligence Damages (psla, Loss of Earnings, Special Damages) Causation +1 more

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Parties

Chu

Plaintiff

Cheung

1st Defendant

A.S. Watson & Company, Limited

2nd Defendant

Procedural Posture

Personal Injury (negligence) / Judgment (trial)

Legal Issues

  1. 1 Whether the defendants were negligent and liable for the plaintiff's workplace injury
  2. 2 Whether the plaintiff was contributorily negligent
  3. 3 Appropriate quantum of damages including PSLA, past loss of earnings, loss of earning capacity and special damages

Ratio Decidendi

Judge accepted plaintiff's account and found defendants fully liable; rejected contributory negligence because it was reasonable for plaintiff to assume the milk crate remained and the crate was comparable to an ordinary chair; awarded damages based on accepted medical evidence that residual back pain was mild and attributable to the accident; rejected causal link for psychiatric and urological complaints due to lack of medical evidence.

Court Disposition

Judgment for the Plaintiff; defendants found fully liable; damages awarded to plaintiff with specified breakdown; costs ordered nisi in favour of plaintiff

Orders

  • Defendants to pay general damages for pain, suffering and loss of amenity (PSLA) HK$100,000
  • Defendants to pay pre-trial loss of earnings (including MPF) HK$26,082