YU SHUK YING v. PROFICIENCY INDUSTRIAL PRODUCTS LTD. AND OTHERS

YU SHUK YING v. PROFICIENCY INDUSTRIAL PRODUCTS LTD. AND OTHERS

Both the 2nd defendant (truck driver) and the 4th defendant (bus driver) were negligent; their employers (1st and 3rd defendants) are vicariously liable; the deceased was contributorily negligent to the extent of 30%; apportionment of the remaining liability: 2nd defendant 40% (1st vicariously liable) and 4th defendant 30% (3rd vicariously liable); damages awarded quantified and reduced by 30% to produce final judgment of HKD 2,407,867.70 with costs nisi and specified interests.

Citation
YU SHUK YING v. PROFICIENCY INDUSTRIAL PRODUCTS LTD. AND OTHERS
Parties
Plaintiff (co Administratrix): YU SHUK YING; Plaintiff (co Administratrix): FONG YIN HA; 1st Defendant: PROFICIENCY INDUSTRIAL PRODUCTS LIMITED; 2nd Defendant: IP KWAI MING; 3rd Defendant: CHINA MOTOR BUS COMPANY LIMITED; 4th Defendant: LAM KWOK MING; Third Party: CHINA MOTOR BUS COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 March 2001
Case Number
HCPI1019/1997
Procedural Posture
Personal Injuries (fatal Accident) / Final Judgment (court of First Instance)
Outcome
Judgment for plaintiffs against defendants in the sum of HKD 2,407,867.70; costs order nisi in favour of plaintiffs; payment into court pending directions regarding infants' interests.
Legal Topics
Duty of Care, Standard of Care, Apportionment of Liability, Calculation of Dependency, Interest on Damages, Safety Procedures, Roadworks Permits
Source Language
EN
Personal Injury Fatal Accidents Negligence Vicarious Liability Contributory Negligence Damages Duty of Care Standard of Care +5 more

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Parties

YU SHUK YING

Plaintiff (co Administratrix)

FONG YIN HA

Plaintiff (co Administratrix)

PROFICIENCY INDUSTRIAL PRODUCTS LIMITED

1st Defendant

IP KWAI MING

2nd Defendant

CHINA MOTOR BUS COMPANY LIMITED

3rd Defendant

LAM KWOK MING

4th Defendant

CHINA MOTOR BUS COMPANY LIMITED

Third Party

Procedural Posture

Personal Injuries (fatal Accident) / Final Judgment (court of First Instance)

Legal Issues

  1. 1 Was the bus driver negligent in failing to keep proper lookout?
  2. 2 Were the truck driver and hirer negligent in failing to warn or close the road?
  3. 3 Are employers vicariously liable for their servants' negligence?

Ratio Decidendi

Both the 2nd defendant (truck driver) and the 4th defendant (bus driver) were negligent; their employers (1st and 3rd defendants) are vicariously liable; the deceased was contributorily negligent to the extent of 30%; apportionment of the remaining liability: 2nd defendant 40% (1st vicariously liable) and 4th defendant 30% (3rd vicariously liable); damages awarded quantified and reduced by 30% to produce final judgment of HKD 2,407,867.70 with costs nisi and specified interests.

Court Disposition

Judgment for plaintiffs against defendants in the sum of HKD 2,407,867.70; costs order nisi in favour of plaintiffs; payment into court pending directions regarding infants' interests.

Orders

  • Judgment for HKD 2,407,867.70 to be paid into court pending directions as to payment out in view of infants' interests
  • Costs order nisi: defendants to pay plaintiffs' costs of the action, to be taxed if not agreed