POON CHUNG FAI v. LEUNG KA SHING AND ANOTHER

POON CHUNG FAI v. LEUNG KA SHING AND ANOTHER

The Court found the 1st Defendant negligent for pulling into the intersection without adequate indication or proper lookout; the 2nd Defendant is vicariously liable for the employee; the Plaintiff was not proven to be contributorily negligent; damages were assessed with the injuries placed at the lower end of the serious injury bracket and quantified with specific allowances for PSLA, pre-trial and post-trial loss of earnings (with tax credit), loss of earning capacity and agreed special damages; interest and costs were ordered as detailed.

Citation
POON CHUNG FAI v. LEUNG KA SHING AND ANOTHER
Parties
Plaintiff: Poon Chung Fai; 1st Defendant: Leung Ka Shing; 2nd Defendant: New Success Transportation Ltd
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 December 2000
Case Number
HCPI1050/1999
Procedural Posture
Personal Injuries / Judgment (court of First Instance)
Outcome
Judgment for Plaintiff; 1st Defendant (driver) held negligent and 2nd Defendant (employer) vicariously liable; Plaintiff awarded damages.
Legal Topics
Liability, Quantum of Damages, Contributory Negligence, Loss of Earnings, Future Loss, Loss of Earning Capacity, Special Damages, Interest, Costs, Tax Credit on Damages
Source Language
EN
Tort Negligence Personal Injury Road Traffic Accident Vicarious Liability Damages Liability Quantum of Damages +8 more

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Parties

Poon Chung Fai

Plaintiff

Leung Ka Shing

1st Defendant

New Success Transportation Ltd

2nd Defendant

Procedural Posture

Personal Injuries / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether the 1st Defendant was negligent in turning across the carriageway without adequate indication or lookout
  2. 2 Whether the 2nd Defendant is vicariously liable for the employee's negligence
  3. 3 Whether the Plaintiff was contributorily negligent

Ratio Decidendi

The Court found the 1st Defendant negligent for pulling into the intersection without adequate indication or proper lookout; the 2nd Defendant is vicariously liable for the employee; the Plaintiff was not proven to be contributorily negligent; damages were assessed with the injuries placed at the lower end of the serious injury bracket and quantified with specific allowances for PSLA, pre-trial and post-trial loss of earnings (with tax credit), loss of earning capacity and agreed special damages; interest and costs were ordered as detailed.

Court Disposition

Judgment for Plaintiff; 1st Defendant (driver) held negligent and 2nd Defendant (employer) vicariously liable; Plaintiff awarded damages.

Orders

  • Defendants to pay Plaintiff total damages of HKD 1,643,259.90
  • Particular awards: PSLA HKD 400,000.00; Pre-trial net loss of earnings HKD 465,739.20; Post-trial net loss of earnings HKD 487,200.00; Loss of earning capacity HKD 237,120.00; Special damages HKD 53,200.70