FUNG KWOK KI v. WING SANG CONSTRUCTION CO LTD AND OTHERS

FUNG KWOK KI v. WING SANG CONSTRUCTION CO LTD AND OTHERS

The court accepted the uncontested investigative findings and the 2nd defendant's admitted role as hoist subcontractor and found the 2nd defendant negligent for failing to ensure the hoist platform and hoistway were properly enclosed, thereby causing the plaintiff's catastrophic injuries; damages were assessed in detail using adopted multiplicands and multipliers and interest applied as specified, resulting in a joint and several judgment against the 1st and 2nd defendants for HK$10,349,747.00.

Citation
FUNG KWOK KI v. WING SANG CONSTRUCTION CO LTD AND OTHERS
Parties
Plaintiff: Fung Kwok Ki; 1st Defendant: Wing Sang Construction Company Limited; 2nd Defendant: Tak Sing Construction Engineering Co. Limited; 3rd Defendant: Poon Jick Shou trading as Poon Jick Shou Contractor Work
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 August 2003
Case Number
HCPI757/2002
Procedural Posture
Personal Injuries Action / Judgment Assessment of Damages
Outcome
Judgment for plaintiff against the 1st and 2nd defendants
Legal Topics
Liability, Damages Assessment, Causation, Contributory Negligence, Safety Compliance, Future Care Costs
Source Language
EN
Tort Personal Injury Negligence Construction Law Occupational Safety Liability Damages Assessment Causation +3 more

Case Brief

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Parties

Fung Kwok Ki

Plaintiff

Wing Sang Construction Company Limited

1st Defendant

Tak Sing Construction Engineering Co. Limited

2nd Defendant

Poon Jick Shou trading as Poon Jick Shou Contractor Work

3rd Defendant

Procedural Posture

Personal Injuries Action / Judgment Assessment of Damages

Legal Issues

  1. 1 Whether the 2nd defendant was negligent in installation/operation of the hoist leading to plaintiff's injuries
  2. 2 Whether the plaintiff was contributorily negligent
  3. 3 Proper assessment and quantification of past and future damages including future care, accommodation and loss of earnings

Ratio Decidendi

The court accepted the uncontested investigative findings and the 2nd defendant's admitted role as hoist subcontractor and found the 2nd defendant negligent for failing to ensure the hoist platform and hoistway were properly enclosed, thereby causing the plaintiff's catastrophic injuries; damages were assessed in detail using adopted multiplicands and multipliers and interest applied as specified, resulting in a joint and several judgment against the 1st and 2nd defendants for HK$10,349,747.00.

Court Disposition

Judgment for plaintiff against the 1st and 2nd defendants

Orders

  • Judgment for the plaintiff against the 1st and 2nd defendants for HK$10,349,747.00 jointly and severally
  • Order by consent that the 3rd defendant pay plaintiff HK$40,000.00 and plaintiff withdraw claim against 3rd defendant