MAK HOI CHU v. LUI CHI YIN AND ANOTHER

MAK HOI CHU v. LUI CHI YIN AND ANOTHER

The accident was caused partly by the negligent driving of the 1st defendant (failure to reduce speed and take proper precautions when a stopped bus obstructed visibility) and by the negligence of the 2nd defendant's driver (stopping on the Green Man Crossing and yellow box creating a dangerous condition); the deceased was contributorily negligent for stepping onto the crossing on a red pedestrian light; liability is apportioned 60% to the 1st defendant and 40% to KMB (vicariously liable), with the deceased 40% to blame, and damages awarded accordingly.

Citation
MAK HOI CHU v. LUI CHI YIN AND ANOTHER
Parties
Plaintiff: Plaintiff; 1st Defendant: Lui Chi Yin; 2nd Defendant: The Kowloon Motor Bus Co. (1933) Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
5 October 2010
Case Number
DCPI1861/2009
Procedural Posture
Personal Injury Fatal Accident (wrongful Death) / Judgment (trial)
Outcome
Judgment for Plaintiff in part: liability apportioned between 1st defendant (60%) and KMB (40%); deceased held 40% contributorily negligent; damages awarded to estate.
Legal Topics
Contributory Negligence, Duty of Care, Apportionment of Liability, Road Users' Code Compliance, Interest on Damages, Costs
Source Language
EN
Tort Negligence Road Traffic Law Damages Contributory Negligence Duty of Care Apportionment of Liability Road Users' Code Compliance +2 more

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Parties

Plaintiff

Plaintiff

Lui Chi Yin

1st Defendant

The Kowloon Motor Bus Co. (1933) Limited

2nd Defendant

Procedural Posture

Personal Injury Fatal Accident (wrongful Death) / Judgment (trial)

Legal Issues

  1. 1 Whether the 1st defendant (driver of public light bus) was negligent
  2. 2 Whether the 2nd defendant (KMB) vicariously liable for negligence of its driver and whether that driver was negligent
  3. 3 Whether the deceased (pedestrian) was contributorily negligent

Ratio Decidendi

The accident was caused partly by the negligent driving of the 1st defendant (failure to reduce speed and take proper precautions when a stopped bus obstructed visibility) and by the negligence of the 2nd defendant's driver (stopping on the Green Man Crossing and yellow box creating a dangerous condition); the deceased was contributorily negligent for stepping onto the crossing on a red pedestrian light; liability is apportioned 60% to the 1st defendant and 40% to KMB (vicariously liable), with the deceased 40% to blame, and damages awarded accordingly.

Court Disposition

Judgment for Plaintiff in part: liability apportioned between 1st defendant (60%) and KMB (40%); deceased held 40% contributorily negligent; damages awarded to estate.

Orders

  • Damages awarded in aggregate $264,370 HKD
  • Apportionment: 1st Defendant (Lui Chi Yin) liable for 60% and The Kowloon Motor Bus Co. (1933) Limited vicariously liable for 40%; deceased held 40% contributorily negligent