WU LEUNG KUI JACKY v. LEUNG MING YUN AND OTHERS

WU LEUNG KUI JACKY v. LEUNG MING YUN AND OTHERS

On the balance of probabilities the court found the plaintiff was assaulted by the 1st and 2nd defendants; however the assault was not a reasonably foreseeable risk of the employer's authorised promotion activities so the 4th defendant (Cable) was not liable; the security company (USC) is vicariously liable for its...

Source-derived case information.

Citation
WU LEUNG KUI JACKY v. LEUNG MING YUN AND OTHERS
Parties
Plaintiff: Wu Leung Kui Jacky; 1st Defendant: Leung Ming Yun; 2nd Defendant: Chan Sui Hing; 3rd Defendant: Uniformity Security Company Limited (3rd Defendant); 4th Defendant: Cable (4th Defendant)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
7 March 2011
Case Number
DCPI1154/2008
Procedural Posture
Personal Injuries Action / Judgment
Outcome
Judgment for the Plaintiff against Leung, Chan and Uniformity Security Company Limited; Plaintiff's claims against Cable (4th Defendant) dismissed.
Legal Topics
Assault, Duty of Care of Employer, Foreseeability, Damages Assessment, Psychiatric Injury, Credibility of Witnesses
Source Language
en
Tort Employment Law Personal Injury Negligence Vicarious Liability Assault Duty of Care of Employer Foreseeability +3 more

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Parties

Wu Leung Kui Jacky

Plaintiff

Leung Ming Yun

1st Defendant

Chan Sui Hing

2nd Defendant

Uniformity Security Company Limited (3rd Defendant)

3rd Defendant

Cable (4th Defendant)

4th Defendant

Procedural Posture

Personal Injuries Action / Judgment

Legal Issues

  1. 1 Whether plaintiff was assaulted by the 1st and 2nd defendants
  2. 2 Whether the employer (4th defendant) breached duties to the plaintiff under contract or common law
  3. 3 Whether plaintiff suffers a compensable psychiatric disorder caused by the incident

Ratio Decidendi

On the balance of probabilities the court found the plaintiff was assaulted by the 1st and 2nd defendants; however the assault was not a reasonably foreseeable risk of the employer's authorised promotion activities so the 4th defendant (Cable) was not liable; the security company (USC) is vicariously liable for its employees' actions; plaintiff entitled to damages for physical injury and a mild psychiatric adjustment disorder apportioned 75% to the assault.

Court Disposition

Judgment for the Plaintiff against Leung, Chan and Uniformity Security Company Limited; Plaintiff's claims against Cable (4th Defendant) dismissed.

Orders

  • Total damages awarded $587,632.00 HKD
  • Credit given for employees' compensation received $473,199.80 HKD