SHERMA PHADINDRA v. TIN WO ENGINEERING CO LTD AND ANOTHER

SHERMA PHADINDRA v. TIN WO ENGINEERING CO LTD AND ANOTHER

Defendants breached their duty by exposing the plaintiff to an unsafe system of work (lifting heavy, overlapping rebars without adequate measures); plaintiff suffered a compensable soft tissue lower back injury causally linked to the breach; plaintiff was not contributorily negligent; adopting the defendants' expert (Dr Lee) on impairment and capacity, the court assessed damages including PSLA, pre-trial loss, loss of earning capacity, special damages, deducted prior EC award and entered judgment for plaintiff.

Citation
SHERMA PHADINDRA v. TIN WO ENGINEERING CO LTD AND ANOTHER
Parties
Plaintiff: Sherma Phadindra; 1st Defendant: Tin Wo Engineering Company Limited; 2nd Defendant: Shui On Building Contractors Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 November 2012
Case Number
HCPI32/2011
Procedural Posture
Personal Injuries Action No 32 of 2011 (court of First Instance) / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Negligence, Contributory Negligence, Loss of Earning Capacity, Pain, Suffering and Loss of Amenities, Statutory Duties of Occupiers, Assessment of Medical Evidence
Source Language
EN
Personal Injury Occupiers Liability Construction Site Safety Employer's Tort Liability Damages Negligence Contributory Negligence Loss of Earning Capacity +3 more

Case Brief

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Parties

Sherma Phadindra

Plaintiff

Tin Wo Engineering Company Limited

1st Defendant

Shui On Building Contractors Limited

2nd Defendant

Procedural Posture

Personal Injuries Action No 32 of 2011 (court of First Instance) / Judgment

Legal Issues

  1. 1 Whether defendants breached duty to provide a safe system of work under Occupiers Liability Ordinance and Construction Site (Safety) Regulations
  2. 2 Causation between defendants' system of work and plaintiff's back injury
  3. 3 Whether plaintiff was contributorily negligent

Ratio Decidendi

Defendants breached their duty by exposing the plaintiff to an unsafe system of work (lifting heavy, overlapping rebars without adequate measures); plaintiff suffered a compensable soft tissue lower back injury causally linked to the breach; plaintiff was not contributorily negligent; adopting the defendants' expert (Dr Lee) on impairment and capacity, the court assessed damages including PSLA, pre-trial loss, loss of earning capacity, special damages, deducted prior EC award and entered judgment for plaintiff.

Court Disposition

Judgment for the plaintiff

Orders

  • Judgment for plaintiff in the sum of HKD 233,206.16 plus interest to be calculated
  • Award PSLA HKD 100000.00 with interest at 2% per annum from date of service of writ to date of judgment