YEUNG YUK SIM AND OTHERS v. MAK KAM LIT AND OTHERS

YEUNG YUK SIM AND OTHERS v. MAK KAM LIT AND OTHERS

The court found the 1st and 2nd defendants liable in negligence because the driver was proceeding at an excessive speed which was a major cause of the accident; the 3rd defendant (Hong Kong Government) was not negligent because it had taken reasonable steps to provide a safe system of work; the deceased was 50%...

Source-derived case information.

Citation
YEUNG YUK SIM AND OTHERS v. MAK KAM LIT AND OTHERS
Parties
Plaintiff (administratrix of the Estate): Yeung Yuk Sim alias Yeung Yee Nui; Plaintiff (co Administrator of the Estate): Yeung Fu Wah; 1st Defendant (driver): Mak Kam Lit; 2nd Defendant (owner of Vehicle): Chau Chi Keung; 3rd Defendant (government): The Attorney General (Hong Kong Government)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 May 1982
Case Number
HCA5150/1980
Procedural Posture
Wrongful Death / Negligence (fatal Road Accident) / Trial Judgment (final Judgment, 28 May 1982)
Outcome
Judgment for plaintiffs against 1st and 2nd defendants in negligence; judgment for 3rd defendant dismissed; deceased found 50% contributorily negligent; damages awarded under LARCO and reduced accordingly; parties to be heard on interest and costs.
Legal Topics
Duty of Care, Contributory Negligence, Lost Years, Damage Quantification, Safe System of Work
Source Language
en
Tort Negligence Employment Law Fatal Accidents Civil Damages Duty of Care Contributory Negligence Lost Years +2 more

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Parties

Yeung Yuk Sim alias Yeung Yee Nui

Plaintiff (administratrix of the Estate)

Yeung Fu Wah

Plaintiff (co Administrator of the Estate)

Mak Kam Lit

1st Defendant (driver)

Chau Chi Keung

2nd Defendant (owner of Vehicle)

The Attorney General (Hong Kong Government)

3rd Defendant (government)

Procedural Posture

Wrongful Death / Negligence (fatal Road Accident) / Trial Judgment (final Judgment, 28 May 1982)

Legal Issues

  1. 1 Whether the lorry driver and vehicle owner were negligent in causing death
  2. 2 Whether the Hong Kong Government was negligent in failing to provide a safe system of work and maintain the pavement
  3. 3 Whether the deceased was contributorily negligent and if so to what extent

Ratio Decidendi

The court found the 1st and 2nd defendants liable in negligence because the driver was proceeding at an excessive speed which was a major cause of the accident; the 3rd defendant (Hong Kong Government) was not negligent because it had taken reasonable steps to provide a safe system of work; the deceased was 50% contributorily negligent for failing to take adequate precautions; damages for lost years were calculated under LARCO using the net income minus personal maintenance approach with an adopted multiplier, producing a gross award which was reduced by contributory negligence and adjusted for statutory payments.

Court Disposition

Judgment for plaintiffs against 1st and 2nd defendants in negligence; judgment for 3rd defendant dismissed; deceased found 50% contributorily negligent; damages awarded under LARCO and reduced accordingly; parties to be heard on interest and costs.

Orders

  • Total award quantified at HK$397,420 before reduction
  • Reduce award by 50% for deceased's contributory negligence