MA KAM SANG v. SHOUGANG CONCORD MANAGEMENT CO LTD AND OTHERS

MA KAM SANG v. SHOUGANG CONCORD MANAGEMENT CO LTD AND OTHERS

The Court found the plaintiff was not contributorily negligent because his position was outside the crane's working radius and the precise sequence leading to the load falling upon him was not reasonably foreseeable; however the plaintiff unreasonably refused a genuine light re‑employment offer and therefore no award for post‑trial loss of earnings was made. Loss of earning capacity was awarded in a moderate sum of HKD100,000; total damages after deduction of an earlier ECC award amounted to HKD376,161. Interest and costs were ordered.

Citation
MA KAM SANG v. SHOUGANG CONCORD MANAGEMENT CO LTD AND OTHERS
Parties
Plaintiff: MA KAM SANG; 1st Defendant: SHOUGANG CONCORD MANAGEMENT COMPANY LIMITED; 2nd Defendant: SPEEDY GOOD COMPANY LIMITED; 3rd Defendant: WAN CHEUNG ON; 4th Defendant: WAN YUEN LEUNG t/a PAUL CIVIL ENGINEERING COMPANY; 5th Defendant: LI KAM YUEN; 6th Defendant: LOYALATE TRADING LIMITED; 7th Defendant: CHENG CHOR MING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 June 2004
Case Number
HCPI839/2001
Procedural Posture
Personal Injuries Action No.839 of 2001 / Court of First Instance Judgment (first Instance)
Outcome
Judgment for plaintiff; defendants liable; contributory negligence not established; plaintiff failed to mitigate future loss by refusing re‑employment; damages awarded with specified deductions and interest; costs to plaintiff nisi to be taxed if not agreed.
Legal Topics
Contributory Negligence, Mitigation of Loss, Quantum of Damages, Loss of Earnings, Loss of Earning Capacity, Special Damages, Interest, Costs
Source Language
EN
Tort Personal Injury Negligence Employment Law Contributory Negligence Mitigation of Loss Quantum of Damages Loss of Earnings +4 more

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Parties

MA KAM SANG

Plaintiff

SHOUGANG CONCORD MANAGEMENT COMPANY LIMITED

1st Defendant

SPEEDY GOOD COMPANY LIMITED

2nd Defendant

WAN CHEUNG ON

3rd Defendant

WAN YUEN LEUNG t/a PAUL CIVIL ENGINEERING COMPANY

4th Defendant

LI KAM YUEN

5th Defendant

LOYALATE TRADING LIMITED

6th Defendant

CHENG CHOR MING

7th Defendant

Procedural Posture

Personal Injuries Action No.839 of 2001 / Court of First Instance Judgment (first Instance)

Legal Issues

  1. 1 Whether the plaintiff was contributorily negligent by standing too close to the crane operation
  2. 2 Whether the plaintiff failed to mitigate his loss by refusing a light re‑employment offer
  3. 3 Quantum of damages including past loss of earnings, future loss and loss of earning capacity

Ratio Decidendi

The Court found the plaintiff was not contributorily negligent because his position was outside the crane's working radius and the precise sequence leading to the load falling upon him was not reasonably foreseeable; however the plaintiff unreasonably refused a genuine light re‑employment offer and therefore no award for post‑trial loss of earnings was made. Loss of earning capacity was awarded in a moderate sum of HKD100,000; total damages after deduction of an earlier ECC award amounted to HKD376,161. Interest and costs were ordered.

Court Disposition

Judgment for plaintiff; defendants liable; contributory negligence not established; plaintiff failed to mitigate future loss by refusing re‑employment; damages awarded with specified deductions and interest; costs to plaintiff nisi to be taxed if not agreed.

Orders

  • Award general damages (PSLA) HKD250000.00 (agreed)
  • Award pre‑trial loss of earnings HKD259550.00 (agreed)