MOK MERLA AND OTHERS v. OCEAN CROWN TRANSPORTATION LTD. AND ANOTHER

MOK MERLA AND OTHERS v. OCEAN CROWN TRANSPORTATION LTD. AND ANOTHER

The court found on the balance of probabilities that the 2nd defendant negligently operated the transporter with the container lowered so as to obstruct his view; the 1st defendant is vicariously liable and additionally negligent for adopting an unsafe system of work; causation was established; contributory negligence was not proven; damages were assessed for bereavement, funeral expenses, pre- and post-trial dependency and loss of accumulation, with deduction for prior employees' compensation and a reduction of interest for unexplained delay.

Citation
MOK MERLA AND OTHERS v. OCEAN CROWN TRANSPORTATION LTD. AND ANOTHER
Parties
Plaintiffs: Mok Merla & Mok Siu Lin, Co-Administrators of the Estate of Mok Tat Fai (Deceased); 1st Defendant: Ocean Crown Transportation Limited; 2nd Defendant: Fung Pui Man
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 July 2002
Case Number
HCPI266/1998
Procedural Posture
Personal Injuries (fatal Accident) / Judgment (court of First Instance)
Outcome
Judgment for the plaintiffs against both defendants; liability established against both defendants; no contributory negligence found; damages awarded and employees' compensation apportioned; costs ordered for plaintiffs
Legal Topics
Unsafe System of Work, Operator Visibility, Causation, Loss of Dependency, Loss of Accumulation of Wealth, Multipliers and Multiplicands, Interest for Late Payment, Costs and Apportionment
Source Language
EN
Tort Negligence Vicarious Liability Employers' Liability Fatal Accidents Damages Statutory Duty Contributory Negligence +8 more

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Parties

Mok Merla & Mok Siu Lin, Co-Administrators of the Estate of Mok Tat Fai (Deceased)

Plaintiffs

Ocean Crown Transportation Limited

1st Defendant

Fung Pui Man

2nd Defendant

Procedural Posture

Personal Injuries (fatal Accident) / Judgment (court of First Instance)

Legal Issues

  1. 1 Was the transporter driver negligent?
  2. 2 Is the employer vicariously liable?
  3. 3 Was there breach of statutory duty under lifting regulations?

Ratio Decidendi

The court found on the balance of probabilities that the 2nd defendant negligently operated the transporter with the container lowered so as to obstruct his view; the 1st defendant is vicariously liable and additionally negligent for adopting an unsafe system of work; causation was established; contributory negligence was not proven; damages were assessed for bereavement, funeral expenses, pre- and post-trial dependency and loss of accumulation, with deduction for prior employees' compensation and a reduction of interest for unexplained delay.

Court Disposition

Judgment for the plaintiffs against both defendants; liability established against both defendants; no contributory negligence found; damages awarded and employees' compensation apportioned; costs ordered for plaintiffs

Orders

  • Damages awarded totalling HKD 1,079,893 (see breakdown)
  • Award items: bereavement HKD 70,000; funeral expenses HKD 30,000; pre-trial loss of dependency (widow HKD 236,633; Yun Sun HKD 194,690; Yun Fat HKD 296,100; Yun Cheong HKD 359,860; father HKD 97,366); post-trial loss of dependency (widow HKD 240,853; Yun Cheong HKD 202,915; father HKD 17,763); loss of accumulation...