Li Wan Choi v. Choi Wan Hing and Another

Li Wan Choi v. Choi Wan Hing and Another

The court accepted liability for the accident but found on the balance of probabilities that the newly discovered L3/4 prolapsed disc was not proven to be caused by the accident; awarded damages for physical injuries and loss including PSLA $550,000, past loss of earnings, loss of earning capacity, future medical expenses and specials, refused future loss of earnings, and ordered costs including costs for the late medical re-examination to be paid by the plaintiff.

Citation
Li Wan Choi v. Choi Wan Hing and Another
Parties
Plaintiff: Li Wan Choi; 1st Defendant: Choi Wan Hing; 2nd Defendant: Huang Ching Ke
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 April 2000
Case Number
HCPI1200/1998
Procedural Posture
Personal Injuries Action (assessment of Damages) / Assessment of Damages Following Interlocutory Judgment on Liability
Outcome
Judgment for plaintiff against the defendants jointly and severally for a net sum of HKD 710,764.08.
Legal Topics
Assessment of Damages, Pain and Suffering, Loss of Earnings, Causation, Medical Evidence, Costs, Interest
Source Language
EN
Personal Injury Tort Employers' Liability Road Traffic Accident Assessment of Damages Pain and Suffering Loss of Earnings Causation +3 more

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Parties

Li Wan Choi

Plaintiff

Choi Wan Hing

1st Defendant

Huang Ching Ke

2nd Defendant

Procedural Posture

Personal Injuries Action (assessment of Damages) / Assessment of Damages Following Interlocutory Judgment on Liability

Legal Issues

  1. 1 Causation of new prolapsed disc and whether it is attributable to the accident
  2. 2 Quantum of general damages (pain, suffering and loss of amenities)
  3. 3 Calculation of past and future loss of earnings and loss of earning capacity

Ratio Decidendi

The court accepted liability for the accident but found on the balance of probabilities that the newly discovered L3/4 prolapsed disc was not proven to be caused by the accident; awarded damages for physical injuries and loss including PSLA $550,000, past loss of earnings, loss of earning capacity, future medical expenses and specials, refused future loss of earnings, and ordered costs including costs for the late medical re-examination to be paid by the plaintiff.

Court Disposition

Judgment for plaintiff against the defendants jointly and severally for a net sum of HKD 710,764.08.

Orders

  • Judgment for plaintiff against the defendants jointly and severally for HKD 710,764.08.
  • General damages (PSLA) awarded HKD 550,000.