KEN JOHN GEISSLER AND ANOTHER v. CHAN KIM-CHUNG AND ANOTHER

KEN JOHN GEISSLER AND ANOTHER v. CHAN KIM-CHUNG AND ANOTHER

Judge accepted causation that the accident caused LWS and a C5-6 herniation, found whole person impairment at 5% using AMA criteria, applied loss-of-chance principles to established commercial opportunities and quantified business losses where the chance was real and substantial (awarding damages for L'Auto and Carrefour opportunities but rejecting continuation with Casino/Autoservice), rejected speculative elements (excessive spare parts figures), and awarded a global sum reflecting pain, loss of amenities, agreed special damages and quantified commercial losses and future expenses.

Citation
KEN JOHN GEISSLER AND ANOTHER v. CHAN KIM-CHUNG AND ANOTHER
Parties
1st Plaintiff: Ken John Geissler; 2nd Plaintiff: Troika International Limited; 1st Defendant: Chan Kim-Chung; 2nd Defendant: Kwai Bon Transportation Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 March 2002
Case Number
HCPI1/2000
Procedural Posture
Personal Injuries (negligence Motor Vehicle Collision) / Assessment of Damages After Interlocutory Judgment (hearing March 2002); Final Judgment Delivered 28 March 2002
Outcome
Judgment for plaintiffs: HKD 3,479,303 to 1st Plaintiff (Ken John Geissler) and HKD 39,000 to 2nd Plaintiff (Troika International Limited); interest on PSLA and on special damages and pre-trial earnings to be calculated; leave reserved.
Legal Topics
Whiplash, Disc Herniation (c5 6), Loss of Amenities, Future Medical Expenses, Loss of Earning Capacity, Loss of Chance, Remoteness of Damage, Surveillance Evidence
Source Language
EN
Personal Injury Tort Negligence Damages Assessment Commercial Loss Loss of Chance Whiplash Disc Herniation (c5 6) Loss of Amenities Future Medical Expenses +4 more

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Parties

Ken John Geissler

1st Plaintiff

Troika International Limited

2nd Plaintiff

Chan Kim-Chung

1st Defendant

Kwai Bon Transportation Limited

2nd Defendant

Procedural Posture

Personal Injuries (negligence Motor Vehicle Collision) / Assessment of Damages After Interlocutory Judgment (hearing March 2002); Final Judgment Delivered 28 March 2002

Legal Issues

  1. 1 Causation and extent of injury (Late Whiplash Syndrome and C5-6 herniation)
  2. 2 Appropriate assessment of whole person impairment
  3. 3 Quantification of general damages for pain, suffering and loss of amenities

Ratio Decidendi

Judge accepted causation that the accident caused LWS and a C5-6 herniation, found whole person impairment at 5% using AMA criteria, applied loss-of-chance principles to established commercial opportunities and quantified business losses where the chance was real and substantial (awarding damages for L'Auto and Carrefour opportunities but rejecting continuation with Casino/Autoservice), rejected speculative elements (excessive spare parts figures), and awarded a global sum reflecting pain, loss of amenities, agreed special damages and quantified commercial losses and future expenses.

Court Disposition

Judgment for plaintiffs: HKD 3,479,303 to 1st Plaintiff (Ken John Geissler) and HKD 39,000 to 2nd Plaintiff (Troika International Limited); interest on PSLA and on special damages and pre-trial earnings to be calculated; leave reserved.

Orders

  • Judgment for 1st Plaintiff in the sum of HK$3,479,303
  • Judgment for 2nd Plaintiff in the sum of HK$39,000