LI CHI LAP v. TAM MAN KUEN AND ANOTHER

LI CHI LAP v. TAM MAN KUEN AND ANOTHER

The 2nd defendant's unlawful overtaking into the opposite fast lane was the primary cause of the accident; the 1st defendant was contributorily negligent for driving in the fast lane, failing to brake and adopting inadequate evasive action and is apportioned 20% liability while the 2nd defendant bears 80%; damages are assessed at HKD 158,000 with specified heads and interest and costs orders as set out in the judgment.

Citation
LI CHI LAP v. TAM MAN KUEN AND ANOTHER
Parties
Plaintiff: Mr Li; 1st Defendant: Mr Tam; 2nd Defendant: 2nd Defendant (in person, absent)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
19 December 2008
Case Number
DCPI1288/2007
Procedural Posture
Personal Injury/tort (road Traffic) / Judgment
Outcome
Judgment for plaintiff against 1st and 2nd defendants
Legal Topics
Negligence, Contributory Negligence, Damages, Apportionment, Interest, Costs, Causation, Overtaking
Source Language
EN
Tort Road Traffic Personal Injury Civil Procedure Negligence Contributory Negligence Damages Apportionment +4 more

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Parties

Mr Li

Plaintiff

Mr Tam

1st Defendant

2nd Defendant (in person, absent)

2nd Defendant

Procedural Posture

Personal Injury/tort (road Traffic) / Judgment

Legal Issues

  1. 1 Whether the 2nd defendant's illegal overtaking was the primary cause of the collision
  2. 2 Whether the 1st defendant's driving and evasive actions constituted contributory negligence
  3. 3 Proper apportionment of liability between defendants

Ratio Decidendi

The 2nd defendant's unlawful overtaking into the opposite fast lane was the primary cause of the accident; the 1st defendant was contributorily negligent for driving in the fast lane, failing to brake and adopting inadequate evasive action and is apportioned 20% liability while the 2nd defendant bears 80%; damages are assessed at HKD 158,000 with specified heads and interest and costs orders as set out in the judgment.

Court Disposition

Judgment for plaintiff against 1st and 2nd defendants

Orders

  • Damages awarded to plaintiff totalling HKD 158000 (PSLA HKD 60000; special damages HKD 61500; pre-trial loss of earnings HKD 10000; loss of earning capacity HKD 24000; future medical expenses HKD 2500)
  • Apportionment: 1st Defendant liable for 20% of damages; 2nd Defendant liable for 80% of damages