FUNG PING v. CHAN KA CHING

FUNG PING v. CHAN KA CHING

Judge rejected plaintiff's account due to major inconsistencies with contemporaneous records and medical findings, improbability of severe crushing injury given minimal objective medical signs and ambulance/A&E notes, and accepted defendant's consistent account that the car did not roll over or press the plaintiff's foot; accordingly the claim was dismissed for lack of liability.

Citation
[2024] HKDC 1210
Parties
Plaintiff: Fung Ping; Defendant: Chan Ka Ching
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
1 August 2024
Case Number
DCPI3558/2021
Procedural Posture
Personal Injuries Action / Judgment Following Trial
Outcome
Claim dismissed for failure to prove the alleged accident; costs to defendant.
Legal Topics
Liability, Quantum, Credibility of Witnesses, Medical Evidence, Costs
Source Language
EN
Personal Injury Negligence Evidence Damages Civil Procedure Liability Quantum Credibility of Witnesses +2 more

Case Brief

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Parties

Fung Ping

Plaintiff

Chan Ka Ching

Defendant

Procedural Posture

Personal Injuries Action / Judgment Following Trial

Legal Issues

  1. 1 Did the defendant's vehicle roll over or press the plaintiff's foot causing injury (liability)?
  2. 2 Are the plaintiff's medical complaints and loss claims supported by contemporaneous evidence and credible testimony?
  3. 3 If liability established, appropriate quantum for PSLA, special damages and loss of capacity?

Ratio Decidendi

Judge rejected plaintiff's account due to major inconsistencies with contemporaneous records and medical findings, improbability of severe crushing injury given minimal objective medical signs and ambulance/A&E notes, and accepted defendant's consistent account that the car did not roll over or press the plaintiff's foot; accordingly the claim was dismissed for lack of liability.

Court Disposition

Claim dismissed for failure to prove the alleged accident; costs to defendant.

Orders

  • Claim dismissed.
  • Costs to follow the event; plaintiff to pay defendant's costs of the action to be taxed if not agreed with certificate for counsel.