WONG CHOK WAI v. SUN CHUNG LUEN CHINESE PRODUCTS CO LTD

WONG CHOK WAI v. SUN CHUNG LUEN CHINESE PRODUCTS CO LTD

Leave to adduce ergonomics expert evidence was refused because the ergonomics evidence was unnecessary and duplicative: the factual lay evidence and the orthopaedic expert reports already addressed how the chopping activity impacted the plaintiff's musculoskeletal system, the task was readily understandable by a...

Source-derived case information.

Citation
WONG CHOK WAI v. SUN CHUNG LUEN CHINESE PRODUCTS CO LTD
Parties
Plaintiff: Mr Wong; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
3 April 2007
Case Number
DCPI1839/2006
Procedural Posture
Personal Injuries / Pre Trial Review (directions on Expert Evidence)
Outcome
Application for leave to adduce ergonomics expert evidence refused
Legal Topics
Expert Evidence on Liability, Ergonomics Evidence, Causation, Pre Trial Directions
Source Language
en
Personal Injury Evidence Employment Law Expert Evidence on Liability Ergonomics Evidence Causation Pre Trial Directions

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Mr Wong

Plaintiff

Defendant

Defendant

Procedural Posture

Personal Injuries / Pre Trial Review (directions on Expert Evidence)

Legal Issues

  1. 1 Whether leave should be granted to adduce ergonomics expert evidence on liability
  2. 2 Whether ergonomics evidence is necessary, relevant and has probative value given existing lay and orthopaedic evidence
  3. 3 Whether admitting ergonomics evidence would cause duplication and undue cost

Ratio Decidendi

Leave to adduce ergonomics expert evidence was refused because the ergonomics evidence was unnecessary and duplicative: the factual lay evidence and the orthopaedic expert reports already addressed how the chopping activity impacted the plaintiff's musculoskeletal system, the task was readily understandable by a trial judge, and admitting the ergonomics expert would add cost without sufficient additional probative value.

Court Disposition

Application for leave to adduce ergonomics expert evidence refused

Orders

  • Defendant to serve medical literature bundle within 30 days with passages relied on by its orthopaedic expert marked
  • Plaintiff to serve the Medical Literature Bundle within 30 days thereafter with passages relied by his orthopaedic expert marked