HO MAN WA v. WONG SHUI FUN t/a YAU LEE CO AND ANOTHER

HO MAN WA v. WONG SHUI FUN t/a YAU LEE CO AND ANOTHER

The 2nd Defendant was negligent and breached its duty by failing to provide adequate training, supervision and suitable equipment for handling heavy gypsum boards; there was no basis for contributory negligence by the inexperienced Plaintiff; damages were assessed at specific sums for PSLA, pre-trial loss and special damages, with a credit for employees' compensation already awarded; interest and costs ordered accordingly.

Citation
HO MAN WA v. WONG SHUI FUN t/a YAU LEE CO AND ANOTHER
Parties
Plaintiff: Plaintiff; 1st Defendant: 1st Defendant; 2nd Defendant: Taste Interiors Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
11 March 2010
Case Number
DCPI730/2009
Procedural Posture
Personal Injury (employer Negligence) / Judgment (district Court)
Outcome
Plaintiff succeeds on liability; damages awarded with credits, interest and costs ordered.
Legal Topics
Contributory Negligence, Damages Assessment, Training and Supervision, Safe System of Work, Issue Estoppel
Source Language
EN
Tort Employer's Liability Workers' Compensation Personal Injury Negligence Contributory Negligence Damages Assessment Training and Supervision +2 more

Case Brief

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Parties

Plaintiff

Plaintiff

1st Defendant

1st Defendant

Taste Interiors Limited

2nd Defendant

Procedural Posture

Personal Injury (employer Negligence) / Judgment (district Court)

Legal Issues

  1. 1 Whether the 2nd Defendant's negligence or breach of duty caused the Plaintiff's injuries
  2. 2 Whether the Plaintiff was contributorily negligent
  3. 3 What is the proper level of damages under each head claimed

Ratio Decidendi

The 2nd Defendant was negligent and breached its duty by failing to provide adequate training, supervision and suitable equipment for handling heavy gypsum boards; there was no basis for contributory negligence by the inexperienced Plaintiff; damages were assessed at specific sums for PSLA, pre-trial loss and special damages, with a credit for employees' compensation already awarded; interest and costs ordered accordingly.

Court Disposition

Plaintiff succeeds on liability; damages awarded with credits, interest and costs ordered.

Orders

  • Award to Plaintiff in total sum $332,619
  • Credit to be given for employees' compensation already paid $82,243 plus interest