CHENG WAI CHUEN AND ANOTHER v. TSANG KWAI YAN AND ANOTHER

CHENG WAI CHUEN AND ANOTHER v. TSANG KWAI YAN AND ANOTHER

The 2nd defendant was negligent for failing to slow and keep proper lookout in adverse weather approaching a pedestrian crossing and mini-bus, but the deceased was 70% contributorily negligent for leaving the safety island in the face of a red pedestrian signal and holding an umbrella obstructing his view; the 1st defendant is not vicariously liable because the car was used for the 2nd defendant's personal purposes, not the owner's.

Citation
CHENG WAI CHUEN AND ANOTHER v. TSANG KWAI YAN AND ANOTHER
Parties
Plaintiffs: CHENG WAI CHUEN and SO KA HO, the Administrators of the estate of SO CHUN CHUNG deceased; 1st Defendant (owner): TSANG KWAI YAN; 2nd Defendant (driver): TSANG KA LAI
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 November 2005
Case Number
HCPI1409/2003
Procedural Posture
Personal Injuries / Fatal Accidents Action / Trial of Liability (liability Tried Separately From Damages)
Outcome
Judgment for plaintiffs on liability against 2nd defendant to the extent of 30% liability; claim against 1st defendant dismissed
Legal Topics
Negligence, Contributory Negligence, Apportionment of Liability, Hearsay Evidence, Agency/ownership Liability
Source Language
EN
Tort Road Traffic Law Vicarious Liability Evidence Negligence Contributory Negligence Apportionment of Liability Hearsay Evidence +1 more

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Parties

CHENG WAI CHUEN and SO KA HO, the Administrators of the estate of SO CHUN CHUNG deceased

Plaintiffs

TSANG KWAI YAN

1st Defendant (owner)

TSANG KA LAI

2nd Defendant (driver)

Procedural Posture

Personal Injuries / Fatal Accidents Action / Trial of Liability (liability Tried Separately From Damages)

Legal Issues

  1. 1 Whether pedestrian traffic lights favoured the deceased at time of crossing
  2. 2 Whether the 2nd defendant was negligent in colliding with the deceased
  3. 3 Whether the deceased was contributorily negligent and to what extent

Ratio Decidendi

The 2nd defendant was negligent for failing to slow and keep proper lookout in adverse weather approaching a pedestrian crossing and mini-bus, but the deceased was 70% contributorily negligent for leaving the safety island in the face of a red pedestrian signal and holding an umbrella obstructing his view; the 1st defendant is not vicariously liable because the car was used for the 2nd defendant's personal purposes, not the owner's.

Court Disposition

Judgment for plaintiffs on liability against 2nd defendant to the extent of 30% liability; claim against 1st defendant dismissed

Orders

  • Judgment for the plaintiffs against the 2nd defendant on liability; liability apportioned 30% to the 2nd defendant and 70% to the deceased; damages to be assessed by a Master
  • Claim against the 1st defendant dismissed (no vicarious liability)