HUI PO CHI 對 NEW LANTAO BUS COMPANY (1973) LTD

HUI PO CHI 對 NEW LANTAO BUS COMPANY (1973) LTD

On the balance of probabilities the plaintiff failed to prove that her injury was caused by pulling the route placard or that the employer breached any duty to provide a safe system for that simple task; contemporaneous medical records and plaintiff's own admissions undermined her account; claim dismissed.

Source-derived case information.

Citation
[2024] HKDC 1479
Parties
Plaintiff: HUI PO CHI; Defendant: NEW LANTAO BUS COMPANY (1973) LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
17 September 2024
Case Number
DCPI695/2019
Procedural Posture
Personal Injury Claim (workplace Injury) / Trial Judgment
Outcome
Plaintiff's claim dismissed; plaintiff loses
Legal Topics
Employer's Duty to Provide Safe System of Work, Causation, Quantification of Damages, Medical Evidence, Occupational Safety
Source Language
ch
Tort Employment Law Personal Injury Negligence Employer's Duty to Provide Safe System of Work Causation Quantification of Damages Medical Evidence +1 more

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Parties

HUI PO CHI

Plaintiff

NEW LANTAO BUS COMPANY (1973) LIMITED

Defendant

Procedural Posture

Personal Injury Claim (workplace Injury) / Trial Judgment

  1. 1 Whether the defendant employer was negligent in providing a safe system for changing bus route placards
  2. 2 Whether the plaintiff's injury was caused by the act she alleges (pulling the route placard) or by an alternative event recorded in medical notes
  3. 3 Whether the duty to prescribe a safe system of work arose given the simplicity of the task

Ratio Decidendi

On the balance of probabilities the plaintiff failed to prove that her injury was caused by pulling the route placard or that the employer breached any duty to provide a safe system for that simple task; contemporaneous medical records and plaintiff's own admissions undermined her account; claim dismissed.

Court Disposition

Plaintiff's claim dismissed; plaintiff loses

Orders

  • Claim dismissed.
  • Costs provisionally to be paid by the plaintiff: defendant's costs of the action including reserved costs and counsel's certificate to be paid by the plaintiff; if parties cannot agree on costs amount, costs to be taxed by the Court.