ETERNAL LOYAL LTD v. SECRETARY FOR JUSTICE AND ANOTHER

ETERNAL LOYAL LTD v. SECRETARY FOR JUSTICE AND ANOTHER

Ambulance driver was negligent because he proceeded into the junction on a red signal without stopping or adequately observing traffic and at an excessive speed in the circumstances; Regulation 60 did not justify his conduct as a brief stop would not have hindered the ambulance's purpose. The public light bus driver was not negligent and did not contribute to the accident. The 3rd party notice is dismissed.

Citation
ETERNAL LOYAL LTD v. SECRETARY FOR JUSTICE AND ANOTHER
Parties
Plaintiff (dcpi 335/2005): Lam Wah Lin; Plaintiff (dccj 2292/2004): Eternal Loyal Limited; 1st Defendant: Secretary for Justice; 2nd Defendant: Leung Man Kuen; 3rd Defendant/third Party: Tsang Woon Piu
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
19 June 2006
Case Number
DCCJ2292/2004
Procedural Posture
Personal Injury and Property Damage (traffic Accident) / Judgment
Outcome
Ambulance driver (Leung Man Kuen) found negligent; public light bus driver (Tsang Woon Piu) found not negligent; 3rd party notice dismissed.
Legal Topics
Negligence, Contributory Negligence, Indemnity and Contribution, Apportionment of Damages, Emergency Vehicle Exceptions
Source Language
EN
Tort Road Traffic Law Civil Procedure Negligence Contributory Negligence Indemnity and Contribution Apportionment of Damages Emergency Vehicle Exceptions

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Parties

Lam Wah Lin

Plaintiff (dcpi 335/2005)

Eternal Loyal Limited

Plaintiff (dccj 2292/2004)

Secretary for Justice

1st Defendant

Leung Man Kuen

2nd Defendant

Tsang Woon Piu

3rd Defendant/third Party

Procedural Posture

Personal Injury and Property Damage (traffic Accident) / Judgment

Legal Issues

  1. 1 Whether the ambulance driver was negligent in crossing a junction on red
  2. 2 Whether the public light bus driver was negligent or contributed to the collision
  3. 3 Whether Regulation 60 justified the ambulance driver's conduct

Ratio Decidendi

Ambulance driver was negligent because he proceeded into the junction on a red signal without stopping or adequately observing traffic and at an excessive speed in the circumstances; Regulation 60 did not justify his conduct as a brief stop would not have hindered the ambulance's purpose. The public light bus driver was not negligent and did not contribute to the accident. The 3rd party notice is dismissed.

Court Disposition

Ambulance driver (Leung Man Kuen) found negligent; public light bus driver (Tsang Woon Piu) found not negligent; 3rd party notice dismissed.

Orders

  • Agreed damages accepted: Plaintiff (Eternal Loyal Limited) HKD 54,125.50 for damage to public light bus
  • Agreed damages accepted: HKD 116,834.62 for damage to ambulance