LEUNG MUI YI 對 FU HONG SOCIETY, formerly known as SOCIETY OF HOMES FOR THE HANDICAPPED

LEUNG MUI YI 對 FU HONG SOCIETY, formerly known as SOCIETY OF HOMES FOR THE HANDICAPPED

Court found the second defendant breached its duty by failing to maintain the hostel's saline pipe, which caused the accident. The court accepted the accident caused the plaintiff's right rotator cuff tear and right buttock injury but rejected causation for left shoulder, left ear, neck, back, head, nerve and psychiatric injuries for lack of objective or expert evidence. Pre-trial loss was limited to 8.5 months; special damages reasonably up to 31 October 2015; total assessed damages HK$271,307.22, which is wholly offset by prior employees' compensation of HK$667,151, resulting in no payable damages and dismissal of the plaintiff's claim. Plaintiff ordered to pay defendant's costs.

Citation
[2023] HKDC 36
Parties
Plaintiff: LEUNG MUI YI; First Defendant: AGAPE SOCIETY LIMITED; Second Defendant: FU HONG SOCIETY (formerly SOCIETY OF HOMES FOR THE HANDICAPPED)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
30 January 2023
Case Number
DCPI2401/2017
Procedural Posture
Personal Injury Occupiers' Liability / Trial Judgment
Outcome
Claim dismissed; no damages payable after deduction of employees' compensation
Legal Topics
Causation, Quantum, Jurisdiction and Forum, Evidence and Expert Evidence, Set Off of Statutory Compensation, Credibility Assessment
Source Language
CH
Occupiers' Liability Negligence Personal Injury Employment Compensation Civil Procedure Causation Quantum Jurisdiction and Forum +3 more

Case Brief

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Parties

LEUNG MUI YI

Plaintiff

AGAPE SOCIETY LIMITED

First Defendant

FU HONG SOCIETY (formerly SOCIETY OF HOMES FOR THE HANDICAPPED)

Second Defendant

Procedural Posture

Personal Injury Occupiers' Liability / Trial Judgment

Legal Issues

  1. 1 Whether the second defendant breached occupier's/ordinary duty of care causing the accident
  2. 2 Which specific injuries were caused by the accident (right shoulder, left shoulder, left ear, neck, back, head, nerves, psychiatric injury, buttocks)
  3. 3 Whether plaintiff's claimed periods of sick leave and loss of earnings are reasonable

Ratio Decidendi

Court found the second defendant breached its duty by failing to maintain the hostel's saline pipe, which caused the accident. The court accepted the accident caused the plaintiff's right rotator cuff tear and right buttock injury but rejected causation for left shoulder, left ear, neck, back, head, nerve and psychiatric injuries for lack of objective or expert evidence. Pre-trial loss was limited to 8.5 months; special damages reasonably up to 31 October 2015; total assessed damages HK$271,307.22, which is wholly offset by prior employees' compensation of HK$667,151, resulting in no payable damages and dismissal of the plaintiff's claim. Plaintiff ordered to pay defendant's costs.

Court Disposition

Claim dismissed; no damages payable after deduction of employees' compensation

Orders

  • Plaintiff's claim dismissed and no damages payable to plaintiff
  • Assessed aggregate damages (before set-off) HK$271,307.22