YUEN WAI YIP GAVIN AND ANOTHER v. LEUNG CHI SHING

YUEN WAI YIP GAVIN AND ANOTHER v. LEUNG CHI SHING

On balance of probabilities the accident contributed to the 2nd plaintiff's neck pain; the overall injuries were not serious though some residual neck and intermittent hip pain persisted; awarding $50,000 for general damages for PSLA and $15,000 for agreed special damages was appropriate given medical records, physiotherapy progress, and impact on work; interest and costs awarded as specified.

Citation
YUEN WAI YIP GAVIN AND ANOTHER v. LEUNG CHI SHING
Parties
1st Plaintiff: YUEN WAI YIP GAVIN; 2nd Plaintiff: CHONG SIK WAN; Defendant: LEUNG CHI SHING
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
17 July 2015
Case Number
DCPI1426/2014
Procedural Posture
Personal Injuries Action (motor Vehicle Accident) / Assessment of Damages — Judgment Handed Down
Outcome
Judgment for 2nd plaintiff on assessment of damages
Legal Topics
Assessment of Damages, Pain Suffering and Loss of Amenity (psla), Special Damages, Causation, Interest, Costs
Source Language
EN
Torts Personal Injury Motor Vehicle Accident Civil Procedure Assessment of Damages Pain Suffering and Loss of Amenity (psla) Special Damages Causation +2 more

Case Brief

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Parties

YUEN WAI YIP GAVIN

1st Plaintiff

CHONG SIK WAN

2nd Plaintiff

LEUNG CHI SHING

Defendant

Procedural Posture

Personal Injuries Action (motor Vehicle Accident) / Assessment of Damages — Judgment Handed Down

Legal Issues

  1. 1 Quantum of general damages for PSLA
  2. 2 Causation of neck injury
  3. 3 Whether injuries had fully recovered or produced residual disability

Ratio Decidendi

On balance of probabilities the accident contributed to the 2nd plaintiff's neck pain; the overall injuries were not serious though some residual neck and intermittent hip pain persisted; awarding $50,000 for general damages for PSLA and $15,000 for agreed special damages was appropriate given medical records, physiotherapy progress, and impact on work; interest and costs awarded as specified.

Court Disposition

Judgment for 2nd plaintiff on assessment of damages

Orders

  • Award general damages for PSLA to 2nd plaintiff in the sum of $50,000 HKD
  • Award special damages to 2nd plaintiff in the agreed sum of $15,000 HKD