LUI LAI WING v. FONG CHI SING AND ANOTHER

LUI LAI WING v. FONG CHI SING AND ANOTHER

Judge found the plaintiff's evidence inconsistent and unreliable, accepted the consistent evidence of the 1st defendant and independent passenger Ms Kwan that the LGV was already on the 5th lane, concluded plaintiff failed to prove negligence or causation and dismissed the action.

Citation
LUI LAI WING v. FONG CHI SING AND ANOTHER
Parties
Plaintiff: Unnamed Plaintiff; 1st Defendant: 1st Defendant; 2nd Defendant (owner): 2nd Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
30 November 2012
Case Number
DCPI2082/2011
Procedural Posture
Personal Injury (motor Vehicle Collision) / Trial (judgment Delivered)
Outcome
Action dismissed
Legal Topics
Liability, Quantum, Credibility of Witnesses, Causation, Damages, Pre Existing Injury, Interest on Damages
Source Language
EN
Tort Negligence Personal Injury Road Traffic Liability Quantum Credibility of Witnesses Causation +3 more

Case Brief

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Parties

Unnamed Plaintiff

Plaintiff

1st Defendant

1st Defendant

2nd Defendant

2nd Defendant (owner)

Procedural Posture

Personal Injury (motor Vehicle Collision) / Trial (judgment Delivered)

Legal Issues

  1. 1 Whether the LGV cut from the 4th into the 5th lane causing the collision (negligence)
  2. 2 Which witnesses are credible and reliable
  3. 3 Whether the defendant's conduct caused the plaintiff's injuries (causation)

Ratio Decidendi

Judge found the plaintiff's evidence inconsistent and unreliable, accepted the consistent evidence of the 1st defendant and independent passenger Ms Kwan that the LGV was already on the 5th lane, concluded plaintiff failed to prove negligence or causation and dismissed the action.

Court Disposition

Action dismissed

Orders

  • Action dismissed
  • Parties to be heard on costs