WANG YUK KIN v. HUI CHUN WAH

WANG YUK KIN v. HUI CHUN WAH

Credible evidence (defendant and independent police witness) and objective vehicle damage/measurements established that the motorcycle fell before the taxi contacted it; therefore the defendant did not cause the plaintiff to fall and is not liable for the plaintiff's injuries. Although the taxi was driven too fast/too close in wet conditions and could not stop in time to avoid later contact with the fallen motorcycle, that contact did not cause the injuries complained of by the plaintiff.

Citation
WANG YUK KIN v. HUI CHUN WAH
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 November 2004
Case Number
HCPI592/2003
Procedural Posture
Personal Injury Claim (motor Vehicle Accident) / Judgment (trial)
Outcome
Claim dismissed; judgment for the defendant on liability
Legal Topics
Liability, Quantum, Damages, Loss of Earning Capacity, Assessment of Credibility
Source Language
EN
Tort Personal Injury Negligence Motor Vehicle Law Liability Quantum Damages Loss of Earning Capacity +1 more

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Procedural Posture

Personal Injury Claim (motor Vehicle Accident) / Judgment (trial)

Legal Issues

  1. 1 Whether the defendant's taxi struck the motorcycle from behind while the rider was still on it causing him to fall
  2. 2 Whether the defendant's conduct was negligent and caused the plaintiff's injuries
  3. 3 Quantum of damages if liability established

Ratio Decidendi

Credible evidence (defendant and independent police witness) and objective vehicle damage/measurements established that the motorcycle fell before the taxi contacted it; therefore the defendant did not cause the plaintiff to fall and is not liable for the plaintiff's injuries. Although the taxi was driven too fast/too close in wet conditions and could not stop in time to avoid later contact with the fallen motorcycle, that contact did not cause the injuries complained of by the plaintiff.

Court Disposition

Claim dismissed; judgment for the defendant on liability

Orders

  • Claim dismissed against the defendant
  • Order nisi for costs of the action in favour of the defendant