CHU MAN TING v. KWAN KAM KEI & ANOTHER

CHU MAN TING v. KWAN KAM KEI & ANOTHER

The court preferred the plaintiff's neurological and psychological evidence that the accident caused a measurable diminution in intellectual and psychosocial functioning which materially reduced her future earning prospects; given the many imponderables a global award for future loss of earnings was appropriate and was set at HKD 2,000,000; PSLA, special and future treatment expenses were awarded on evidence; the total awards are reduced by one third for contributory negligence.

Citation
CHU MAN TING v. KWAN KAM KEI & ANOTHER
Parties
Plaintiff (infant): CHU MAN TING; Next Friend: FU KAM FUNG ANITA; 1st Defendant: KWAN KAM KEI; 2nd Defendant: CHIT FAI MOTORS COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 January 2003
Case Number
HCPI1039/2001
Procedural Posture
Personal Injuries (running Down Public Light Bus) / Judgment on Assessment of Damages
Outcome
Judgment for plaintiff in respect of damages as assessed; damages reduced by one third for agreed contributory negligence; order nisi for costs in favour of plaintiff with legal aid taxation and liberty to apply.
Legal Topics
Contributory Negligence, Future Loss of Earnings, Pain and Suffering, Brain Injury, Psychological Injury, Post Traumatic Epilepsy, Special Damages, Assessment Methodology (multiplier V Global)
Source Language
EN
Personal Injury Tort Negligence Damages Assessment Contributory Negligence Future Loss of Earnings Pain and Suffering Brain Injury +4 more

Case Brief

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Parties

CHU MAN TING

Plaintiff (infant)

FU KAM FUNG ANITA

Next Friend

KWAN KAM KEI

1st Defendant

CHIT FAI MOTORS COMPANY LIMITED

2nd Defendant

Procedural Posture

Personal Injuries (running Down Public Light Bus) / Judgment on Assessment of Damages

Legal Issues

  1. 1 Whether plaintiff suffered sufficient organic brain injury to reduce earning capacity
  2. 2 Quantification method for future loss of earnings (multiplier/multiplicand v global award)
  3. 3 Appropriate award for pain, suffering and loss of amenity

Ratio Decidendi

The court preferred the plaintiff's neurological and psychological evidence that the accident caused a measurable diminution in intellectual and psychosocial functioning which materially reduced her future earning prospects; given the many imponderables a global award for future loss of earnings was appropriate and was set at HKD 2,000,000; PSLA, special and future treatment expenses were awarded on evidence; the total awards are reduced by one third for contributory negligence.

Court Disposition

Judgment for plaintiff in respect of damages as assessed; damages reduced by one third for agreed contributory negligence; order nisi for costs in favour of plaintiff with legal aid taxation and liberty to apply.

Orders

  • Award for pain, suffering and loss of amenity HKD 630000 with interest at 2% from date of accident to judgment
  • Award for future loss of earnings HKD 2000000 (no interest)