THAPA SURENDRA v. E W COX HONG KONG LTD AND ANOTHER

THAPA SURENDRA v. E W COX HONG KONG LTD AND ANOTHER

The court found the employer negligent for leaving employees to improvise hazardous systems to obtain and transfer heavy water containers, that the plaintiff was not contributorily negligent, that the joint medical evidence was flawed and overstated the earlier injury, and that the May 23 2005 accident solely caused the claimant's ongoing back condition; accordingly judgment was entered for the plaintiff with assessed damages and interest.

Citation
THAPA SURENDRA v. E W COX HONG KONG LTD AND ANOTHER
Parties
Plaintiff: Thapa Surendra; 1st Defendant: E W Cox Hong Kong Limited; 2nd Defendant (discontinued): BJ Property Management Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 July 2011
Case Number
HCPI451/2009
Procedural Posture
Personal Injuries Action / Judgment (court of First Instance)
Outcome
Judgment for the plaintiff
Legal Topics
Negligence, Duty of Care, Contributory Negligence, Causation, Damages, Future Loss, Medical Evidence, Site Inspection
Source Language
EN
Tort Personal Injury Occupational Safety Employment Law Negligence Duty of Care Contributory Negligence Causation +4 more

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Parties

Thapa Surendra

Plaintiff

E W Cox Hong Kong Limited

1st Defendant

BJ Property Management Limited

2nd Defendant (discontinued)

Procedural Posture

Personal Injuries Action / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether employer breached duty to provide safe place and safe system of work
  2. 2 Whether plaintiff was contributorily negligent
  3. 3 Causation between the March 29 and May 23 injuries

Ratio Decidendi

The court found the employer negligent for leaving employees to improvise hazardous systems to obtain and transfer heavy water containers, that the plaintiff was not contributorily negligent, that the joint medical evidence was flawed and overstated the earlier injury, and that the May 23 2005 accident solely caused the claimant's ongoing back condition; accordingly judgment was entered for the plaintiff with assessed damages and interest.

Court Disposition

Judgment for the plaintiff

Orders

  • Judgment for the plaintiff for HK$2,034,095 subject to clarification of the EC payment
  • Costs to the plaintiff