HUANG CHUNG MOU v. CHAN KENG SHAM AND ANOTHER

HUANG CHUNG MOU v. CHAN KENG SHAM AND ANOTHER

The court found the 1st defendant negligent for reversing without adequate observation or a signaller and that the plaintiff was not contributorily negligent because he reasonably believed the vehicle would not be moved; therefore damages were awarded to the plaintiff after assessment of medical evidence and...

Source-derived case information.

Citation
HUANG CHUNG MOU v. CHAN KENG SHAM AND ANOTHER
Parties
Plaintiff: Huang Chung Mou; 1st Defendant: Chan Keng Sham; 2nd Defendant: Li Sau Ngor
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 February 2006
Case Number
HCPI459/2004
Procedural Posture
Personal Injuries Action HCPI 459/2004 / Judgment (court of First Instance)
Outcome
Judgment for the plaintiff against the defendants; defendants ordered to pay damages and costs (order nisi).
Legal Topics
Driver Liability When Reversing, Contributory Negligence, Assessment of Damages, Medical Evidence Evaluation, Interest and Costs
Source Language
en
Tort Personal Injury Negligence Damages Driver Liability When Reversing Contributory Negligence Assessment of Damages Medical Evidence Evaluation +1 more

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Summary, issues, holding and outcome

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Parties

Huang Chung Mou

Plaintiff

Chan Keng Sham

1st Defendant

Li Sau Ngor

2nd Defendant

Procedural Posture

Personal Injuries Action HCPI 459/2004 / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether the 1st defendant was negligent in reversing the lorry without adequate observation or a signaller
  2. 2 Whether the plaintiff was contributorily negligent
  3. 3 Assessment and quantum of general and special damages including future losses and medical expenses

Ratio Decidendi

The court found the 1st defendant negligent for reversing without adequate observation or a signaller and that the plaintiff was not contributorily negligent because he reasonably believed the vehicle would not be moved; therefore damages were awarded to the plaintiff after assessment of medical evidence and corroborating video, with specific sums for PSLA, pecuniary losses and future care.

Court Disposition

Judgment for the plaintiff against the defendants; defendants ordered to pay damages and costs (order nisi).

Orders

  • Award of general damages for PSLA: HK$750,000.00
  • Pre-trial loss of earnings awarded: HK$593,208.00