SUM SHU LAM v. POON PAK SHING AND ANOTHER

SUM SHU LAM v. POON PAK SHING AND ANOTHER

On the balance of probabilities the 1st Defendant drove away from the stop smoothly without abnormal movement and complied with Regulation 45(1)(d); the plaintiff failed to prove negligence or statutory breach causing his fall and injuries, so the defendants are not liable.

Source-derived case information.

Citation
SUM SHU LAM v. POON PAK SHING AND ANOTHER
Parties
Plaintiff: Sum Shu Lam; 1st Defendant: Poon Pak Shing; 2nd Defendant: Citibus Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 November 1999
Case Number
HCPI89/1997
Procedural Posture
Personal Injuries Action / Final Judgment
Outcome
Judgment for the defendants; plaintiff's claim dismissed.
Legal Topics
Bus Passenger Safety, Breach of Regulation 45(1)(d) Cap 374, Causation, Duty of Care, Evidence Credibility
Source Language
en
Tort Negligence Personal Injury Statutory Duty Road Traffic Regulation Bus Passenger Safety Breach of Regulation 45(1)(d) Cap 374 Causation +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Sum Shu Lam

Plaintiff

Poon Pak Shing

1st Defendant

Citibus Limited

2nd Defendant

Procedural Posture

Personal Injuries Action / Final Judgment

Legal Issues

  1. 1 Whether the 1st Defendant was negligent in driving the bus causing the plaintiff to fall
  2. 2 Whether Regulation 45(1)(d) of the Road Traffic (Public Service Vehicles) Regulations Cap 374 was breached
  3. 3 Whether the plaintiff's injuries and claimed hydrocephalus were caused by the fall

Ratio Decidendi

On the balance of probabilities the 1st Defendant drove away from the stop smoothly without abnormal movement and complied with Regulation 45(1)(d); the plaintiff failed to prove negligence or statutory breach causing his fall and injuries, so the defendants are not liable.

Court Disposition

Judgment for the defendants; plaintiff's claim dismissed.

Orders

  • Judgment entered for the defendants
  • Costs nisi to the defendants to be taxed if not agreed