CHAN KAN (OR KUN) AND ANOTHER v. YEUNG MING AND ANOTHER

CHAN KAN (OR KUN) AND ANOTHER v. YEUNG MING AND ANOTHER

The court found that the defendants' negligence caused the plaintiff's injuries and the prolonged treatment; the court rejected defendants' contention that plaintiff's obesity or alleged indiscipline broke causation and awarded damages for pain, suffering, loss of amenities and loss of future earnings with specified...

Source-derived case information.

Citation
CHAN KAN (OR KUN) AND ANOTHER v. YEUNG MING AND ANOTHER
Parties
1st Plaintiff: CHAN KAN (OR KUN); 2nd Plaintiff: CHAN SI (OR SEE) CHUEN BY CHAN KAN (OR KUN) HIS NEXT FRIEND; 1st Defendant: YEUNG MING; 2nd Defendant: KOWLOON MOTOR BUS COMPANY (1933) LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 August 1979
Case Number
HCA1919/1977
Procedural Posture
Personal Injury Tort Assessment of Damages / Assessment of Damages Following Interlocutory Judgment
Outcome
Assessment in favour of 2nd plaintiff; damages awarded and payable into Court within 14 days; interest and costs ordered as specified
Legal Topics
Damages, Negligence, Causation, Medical Negligence, Quantum Assessment
Source Language
en
Tort Personal Injury Civil Procedure Damages Negligence Causation Medical Negligence Quantum Assessment

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Parties

CHAN KAN (OR KUN)

1st Plaintiff

CHAN SI (OR SEE) CHUEN BY CHAN KAN (OR KUN) HIS NEXT FRIEND

2nd Plaintiff

YEUNG MING

1st Defendant

KOWLOON MOTOR BUS COMPANY (1933) LIMITED

2nd Defendant

Procedural Posture

Personal Injury Tort Assessment of Damages / Assessment of Damages Following Interlocutory Judgment

Legal Issues

  1. 1 Whether defendants liable for the prolonged injuries and complications suffered by the 2nd plaintiff
  2. 2 Quantum of general damages for pain, suffering and loss of amenities
  3. 3 Appropriate assessment of loss of future earnings including choice of multiplier and monthly loss

Ratio Decidendi

The court found that the defendants' negligence caused the plaintiff's injuries and the prolonged treatment; the court rejected defendants' contention that plaintiff's obesity or alleged indiscipline broke causation and awarded damages for pain, suffering, loss of amenities and loss of future earnings with specified multipliers and interest.

Court Disposition

Assessment in favour of 2nd plaintiff; damages awarded and payable into Court within 14 days; interest and costs ordered as specified

Orders

  • Pay total damages of $173,822.00 into Court within 14 days
  • Interest on general damages at 7% from date of service of the writ until payment