LEUNG SHUI MEI v. FUNG WAI KWONG AND ANOTHER

LEUNG SHUI MEI v. FUNG WAI KWONG AND ANOTHER

On the balance of probabilities the lorry driver negligently pulled into the slip road too late and struck the rear of the bus; the bus driver acted reasonably in slowing due to traffic ahead and did not brake negligently; the greater second impact caused the plaintiff's shoulder injury; accordingly the lorry driver (and his employer) were wholly at fault for the collision and the 1st third party succeeds on its counterclaim for repair and loss of use.

Citation
LEUNG SHUI MEI v. FUNG WAI KWONG AND ANOTHER
Parties
Plaintiff: Leung Shui Mei; 1st Defendant: Fung Wai Kwong; 2nd Defendant: Tai Pak Chong; 1st Third Party: The Kowloon Motor Bus Company (1933) Limited; 2nd Third Party: Chung Wai Lun
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 February 2003
Case Number
HCPI464/2002
Procedural Posture
Personal Injuries Action / Judgment on Liability (plaintiff Awarded Judgment; Damages for Plaintiff to Be Assessed); Counterclaim Decided
Outcome
Liability for the collision was attributed to the lorry driver (and his employer); defendants' third party claims against the third parties dismissed; judgment entered for 1st third party on its counterclaim.
Legal Topics
Rear End Collision, Causation of Injury, Braking and Driver Negligence, Counterclaim for Vehicle Damage, Assessment of Damages and Costs
Source Language
EN
Tort Personal Injury Negligence Employer Vicarious Liability Rear End Collision Causation of Injury Braking and Driver Negligence Counterclaim for Vehicle Damage +1 more

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Parties

Leung Shui Mei

Plaintiff

Fung Wai Kwong

1st Defendant

Tai Pak Chong

2nd Defendant

The Kowloon Motor Bus Company (1933) Limited

1st Third Party

Chung Wai Lun

2nd Third Party

Procedural Posture

Personal Injuries Action / Judgment on Liability (plaintiff Awarded Judgment; Damages for Plaintiff to Be Assessed); Counterclaim Decided

Legal Issues

  1. 1 Whether the lorry driver was negligent in rear-ending the bus
  2. 2 Whether the bus driver was negligent in braking or following distance
  3. 3 Which impact caused the plaintiff's shoulder injury (first or second impact)

Ratio Decidendi

On the balance of probabilities the lorry driver negligently pulled into the slip road too late and struck the rear of the bus; the bus driver acted reasonably in slowing due to traffic ahead and did not brake negligently; the greater second impact caused the plaintiff's shoulder injury; accordingly the lorry driver (and his employer) were wholly at fault for the collision and the 1st third party succeeds on its counterclaim for repair and loss of use.

Court Disposition

Liability for the collision was attributed to the lorry driver (and his employer); defendants' third party claims against the third parties dismissed; judgment entered for 1st third party on its counterclaim.

Orders

  • Dismiss the defendants' third party claims against the 1st and 2nd third parties
  • Judgment for the 1st third party (The Kowloon Motor Bus Company (1933) Limited) on its counterclaim in the sum of $26,061.05