LAM YAN FOO v. PUN WAI HONG AND ANOTHER

LAM YAN FOO v. PUN WAI HONG AND ANOTHER

Court accepted 1st Defendant's evidence and the Transport Department signal diagram over the Plaintiff's inconsistent recollection, found the Plaintiff turned into the path of the 1st Defendant and failed to take proper care; apportioned liability 80% to the Plaintiff and 20% to the Defendant; awarded quantified damages which were then offset by employees' compensation leading to no net recovery and costs nisi for the Defendants.

Citation
LAM YAN FOO v. PUN WAI HONG AND ANOTHER
Parties
Plaintiff: Lam Yan Foo; 1st Defendant: Pun Wai Hong; 2nd Defendant: Yuen Lin Chun
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 March 1999
Case Number
HCPI5/1997
Procedural Posture
Personal Injuries Action / Judgment (decision on Liability and Quantum)
Outcome
Damages awarded to Plaintiff but exhausted by deduction of Employees Compensation; costs nisi in favour of Defendants
Legal Topics
Contributory Negligence, Quantum of Damages, Causation, Credibility of Witnesses, Traffic Signal Evidence
Source Language
EN
Tort Personal Injury Negligence Traffic Law Damages Contributory Negligence Quantum of Damages Causation +2 more

Case Brief

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Parties

Lam Yan Foo

Plaintiff

Pun Wai Hong

1st Defendant

Yuen Lin Chun

2nd Defendant

Procedural Posture

Personal Injuries Action / Judgment (decision on Liability and Quantum)

Legal Issues

  1. 1 Whether the 1st Defendant was negligent in driving causing the collision
  2. 2 Whether the Plaintiff was contributorily negligent and apportionment of liability
  3. 3 Whether the Plaintiff proved damages including past and future loss of earnings

Ratio Decidendi

Court accepted 1st Defendant's evidence and the Transport Department signal diagram over the Plaintiff's inconsistent recollection, found the Plaintiff turned into the path of the 1st Defendant and failed to take proper care; apportioned liability 80% to the Plaintiff and 20% to the Defendant; awarded quantified damages which were then offset by employees' compensation leading to no net recovery and costs nisi for the Defendants.

Court Disposition

Damages awarded to Plaintiff but exhausted by deduction of Employees Compensation; costs nisi in favour of Defendants

Orders

  • Damages awarded to Plaintiff in the amount of $219,513 (after 80% liability adjustment).
  • Contributory negligence apportioned: Plaintiff 80% and Defendant 20%.