MAK CHI KEUNG v. LAI KAM PIU t/a 錦記廢紙五金

MAK CHI KEUNG v. LAI KAM PIU t/a 錦記廢紙五金

Master Ng found the plaintiff credible, accepted expert evidence that the plaintiff can use a myoelectric prosthesis with i-Limb hand, awarded damages for pain and suffering (HK$730,000), approved life-long provision for seven sets of prostheses (multiplier 20) giving HK$3,443,300, awarded pre-trial and post-trial loss of earnings on adopted monthly notional earnings with multipliers leading to HK$676,500 and HK$1,512,000, allowed special and MPF loss claims, deducted employees' compensation of HK$765,440 per s26(1) E.C. Ordinance and entered judgment for HK$5,714,435 with specified interest and costs orders.

Citation
MAK CHI KEUNG v. LAI KAM PIU t/a 錦記廢紙五金
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 February 2012
Case Number
HCPI331/2010
Procedural Posture
Personal Injury (workplace Accident) / Assessment of Damages (interlocutory Judgment on Liability Entered)
Outcome
Judgment entered for plaintiff against defendant in the sum of HK$5,714,435.00
Legal Topics
Damages Assessment, Prosthesis Costs, Loss of Earnings, Pain and Suffering, Deduction of Employees Compensation, Interest, Costs Orders
Source Language
EN
Tort Personal Injury Occupiers' Liability Employment Law Statutory Duty Employees Compensation Damages Assessment Prosthesis Costs +5 more

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Procedural Posture

Personal Injury (workplace Accident) / Assessment of Damages (interlocutory Judgment on Liability Entered)

Legal Issues

  1. 1 assessment of damages following interlocutory judgment on liability
  2. 2 whether a myoelectric prosthesis with i-Limb hand is reasonable and necessary
  3. 3 calculation of future prosthesis costs and appropriate life-long multiplier

Ratio Decidendi

Master Ng found the plaintiff credible, accepted expert evidence that the plaintiff can use a myoelectric prosthesis with i-Limb hand, awarded damages for pain and suffering (HK$730,000), approved life-long provision for seven sets of prostheses (multiplier 20) giving HK$3,443,300, awarded pre-trial and post-trial loss of earnings on adopted monthly notional earnings with multipliers leading to HK$676,500 and HK$1,512,000, allowed special and MPF loss claims, deducted employees' compensation of HK$765,440 per s26(1) E.C. Ordinance and entered judgment for HK$5,714,435 with specified interest and costs orders.

Court Disposition

Judgment entered for plaintiff against defendant in the sum of HK$5,714,435.00

Orders

  • Judgment for plaintiff against defendant in the sum of HK$5,714,435.00
  • Interest: on pain, suffering and loss of amenities at 2% per annum from date of Writ to date of judgment