TSANG YUET SHAN v. TSUEN KING HOME FOR THE AGED LTD AND ANOTHER

TSANG YUET SHAN v. TSUEN KING HOME FOR THE AGED LTD AND ANOTHER

The court found the plaintiff not a credible witness as to the extent (or existence) of ongoing subjective symptoms based on absence of objective findings, positive Waddell's signs, inconsistent and tailored evidence, and a consultation/sick‑leave pattern suggestive of exaggerated complaints; therefore the court preferred Dr Ko's opinion of no significant residual injury, limited recovery time (62 days sick leave) and awarded limited damages accordingly.

Citation
[2019] HKDC 823
Parties
Plaintiff: Tsang Yuet Shan; 1st Defendant: Tsuen King Home for the Aged Limited; 2nd Defendant: Hospital Authority
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
18 June 2019
Case Number
DCPI2795/2014
Procedural Posture
Personal Injuries Action / Assessment of Damages
Outcome
Plaintiff's claim dismissed.
Legal Topics
Slip and Fall, Assessment of Damages, Credibility of Subjective Complaints, Loss of Earnings, Special Damages, Psychiatric/psychological Injury, Causation
Source Language
EN
Tort Personal Injury Employment/workplace Injury Slip and Fall Assessment of Damages Credibility of Subjective Complaints Loss of Earnings Special Damages +2 more

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Parties

Tsang Yuet Shan

Plaintiff

Tsuen King Home for the Aged Limited

1st Defendant

Hospital Authority

2nd Defendant

Procedural Posture

Personal Injuries Action / Assessment of Damages

Legal Issues

  1. 1 Whether the plaintiff's subjective complaints of persistent coccyx and low back pain are credible
  2. 2 Whether objective evidence supports ongoing injury or residual impairment from the 6 September 2012 accident
  3. 3 Appropriate quantum for pain, suffering and loss of amenities

Ratio Decidendi

The court found the plaintiff not a credible witness as to the extent (or existence) of ongoing subjective symptoms based on absence of objective findings, positive Waddell's signs, inconsistent and tailored evidence, and a consultation/sick‑leave pattern suggestive of exaggerated complaints; therefore the court preferred Dr Ko's opinion of no significant residual injury, limited recovery time (62 days sick leave) and awarded limited damages accordingly.

Court Disposition

Plaintiff's claim dismissed.

Orders

  • The plaintiff's claim against the defendants is dismissed.
  • The costs of the action are to the defendants to be taxed if not agreed with certificate for counsel.