LEUNG CHI YAN v. CHAN TAI MAN AND ANOTHER

LEUNG CHI YAN v. CHAN TAI MAN AND ANOTHER

On the balance of probabilities the court found the MGV remained in the 2nd lane and was struck from behind by the private car; the 1st Defendant was not negligent and the 2nd Defendant not vicariously liable; the collision was caused wholly by the plaintiff's driver (excessive speed and failure to keep safe distance).

Citation
LEUNG CHI YAN v. CHAN TAI MAN AND ANOTHER
Parties
Plaintiff: Leung Chi Yan; 1st Defendant: Chan Tai Man; 2nd Defendant: G2000 (APPAREL) LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
23 November 2011
Case Number
DCPI1603/2010
Procedural Posture
Personal Injuries / Judgment
Outcome
Plaintiff's claims against the Defendants are dismissed; Defendants not liable.
Legal Topics
Liability, Causation, Quantum, Damages Assessment, Evidence (skid Marks and Vehicle Damage)
Source Language
EN
Tort Personal Injuries Road Traffic Law Negligence Vicarious Liability Liability Causation Quantum +2 more

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Parties

Leung Chi Yan

Plaintiff

Chan Tai Man

1st Defendant

G2000 (APPAREL) LIMITED

2nd Defendant

Procedural Posture

Personal Injuries / Judgment

Legal Issues

  1. 1 Whether the 1st Defendant was negligent in causing the collision
  2. 2 Whether the 2nd Defendant was vicariously liable for the 1st Defendant
  3. 3 Whether the plaintiff's driver (Wu) caused the collision by negligent driving

Ratio Decidendi

On the balance of probabilities the court found the MGV remained in the 2nd lane and was struck from behind by the private car; the 1st Defendant was not negligent and the 2nd Defendant not vicariously liable; the collision was caused wholly by the plaintiff's driver (excessive speed and failure to keep safe distance).

Court Disposition

Plaintiff's claims against the Defendants are dismissed; Defendants not liable.

Orders

  • Plaintiff's claims against the Defendants are dismissed.
  • Costs nisi: Plaintiff to pay Defendants' costs of the action, with certificate for Counsel, to be taxed if not agreed.