CHUM HOK CHING AND ANOTHER v. CHUNG LAI CHING

CHUM HOK CHING AND ANOTHER v. CHUNG LAI CHING

Liability having been admitted, court applied the thin skull rule to hold defendant fully liable for aggravation of the 1st plaintiff's pre-existing knee condition; accepted medical and surveillance evidence for knee injuries and awarded PSLA accordingly but rejected unsupported claims for ear, elbow and back. 1st plaintiff's loss of pre-trial earnings and loss of earning capacity were rejected for lack of causal loss. Special damages for 1st plaintiff's motorcycle accepted at market/replacement value. For the 2nd plaintiff court accepted post-concussion syndrome and other injuries, awarded PSLA, a modest award for loss of earning capacity, rejected the watch claim for insufficient causal...

Citation
CHUM HOK CHING AND ANOTHER v. CHUNG LAI CHING
Parties
1st Plaintiff: CHUM HOK CHING; 2nd Plaintiff: SIT HOI YAN; Defendant: CHUNG LAI CHING
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
10 January 2014
Case Number
DCPI887/2011
Procedural Posture
Personal Injuries Action / Assessment of Damages (liability Admitted; Interlocutory Judgment on Liability Entered)
Outcome
Damages assessed and awarded to the 1st and 2nd plaintiffs as set out; interlocutory judgment on liability previously entered against the defendant
Legal Topics
Damages, Assessment of Damages, Thin Skull Rule, Loss of Earning Capacity, Special Damages, Future Medical Expenses, Interest, Costs, Post Concussion Syndrome, Cosmetic Injury
Source Language
EN
Tort Personal Injury Negligence Civil Procedure Damages Assessment of Damages Thin Skull Rule Loss of Earning Capacity +6 more

Case Brief

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Parties

CHUM HOK CHING

1st Plaintiff

SIT HOI YAN

2nd Plaintiff

CHUNG LAI CHING

Defendant

Procedural Posture

Personal Injuries Action / Assessment of Damages (liability Admitted; Interlocutory Judgment on Liability Entered)

Legal Issues

  1. 1 Quantum of damages for pain, suffering and loss of amenity for each plaintiff
  2. 2 Application of the Thin Skull / Egg-shell skull rule and extent of defendant's liability for aggravated pre-existing injuries
  3. 3 Entitlement to and apportionment of loss of pre-trial earnings and MPF

Ratio Decidendi

Liability having been admitted, court applied the thin skull rule to hold defendant fully liable for aggravation of the 1st plaintiff's pre-existing knee condition; accepted medical and surveillance evidence for knee injuries and awarded PSLA accordingly but rejected unsupported claims for ear, elbow and back. 1st plaintiff's loss of pre-trial earnings and loss of earning capacity were rejected for lack of causal loss. Special damages for 1st plaintiff's motorcycle accepted at market/replacement value. For the 2nd plaintiff court accepted post-concussion syndrome and other injuries, awarded PSLA, a modest award for loss of earning capacity, rejected the watch claim for insufficient causal...

Court Disposition

Damages assessed and awarded to the 1st and 2nd plaintiffs as set out; interlocutory judgment on liability previously entered against the defendant

Orders

  • 1st plaintiff awarded damages totalling HK$203,617.00 (PSLA HK$180,000.00; Special damages HK$18,617.00; Tonic food HK$5,000.00) plus interest (general damages at 2% p.a. from 30 April 2011; special damages at half judgment rate from 26 March 2010 to date of assessment)
  • 2nd plaintiff awarded damages totalling HK$457,397.50 (PSLA HK$320,000.00; Loss of earning capacity HK$54,000.00; Special damages HK$50,397.50; Future medical expenses HK$28,000.00; Tonic food HK$5,000.00) plus interest (general damages at 2% p.a. from 30 April 2011; special damages at half judgment rate from 26...