YAN SHUN SIM v. KAI MUK YIM AND ANOTHER

YAN SHUN SIM v. KAI MUK YIM AND ANOTHER

The court found the 1st defendant negligent: driving at 40 km/h downhill on a dark, steep, narrow bend without slowing, swerving and losing control and hitting the plaintiff; his prior conviction for careless driving reinforced the finding and he failed to discharge the shifted civil burden. The plaintiff was not contributorily negligent (court accepted she carried a switched-on torch and was near the kerb). Damages were assessed accordingly for PSLA, past special damages, interest, and future care including helper and wheelchairs, producing a total award of $1,182,226 HKD.

Citation
YAN SHUN SIM v. KAI MUK YIM AND ANOTHER
Parties
Plaintiff: Yan Shun Sim; 1st Defendant: Kai Muk Yim; 2nd Defendant (action Discontinued): Leung Wai Man
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 May 2004
Case Number
HCPI69/2003
Procedural Posture
Personal Injuries Action (motor Vehicle Accident) / Judgment (court of First Instance)
Outcome
Judgment for the plaintiff against the 1st defendant; action against the 2nd defendant discontinued with leave.
Legal Topics
Negligence, Contributory Negligence, Damages (quantum), Careless Driving Conviction (evidential Weight), Hearsay Evidence Weighting, Future Care and Assistance
Source Language
EN
Tort Personal Injury Negligence Motor Vehicle Law Evidence Contributory Negligence Damages (quantum) Careless Driving Conviction (evidential Weight) +2 more

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Parties

Yan Shun Sim

Plaintiff

Kai Muk Yim

1st Defendant

Leung Wai Man

2nd Defendant (action Discontinued)

Procedural Posture

Personal Injuries Action (motor Vehicle Accident) / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether the 1st defendant was negligent in causing the collision and injuries
  2. 2 Whether the plaintiff was contributorily negligent (failure to carry/use torch, reflective clothing)
  3. 3 Appropriate quantum for pain, suffering and loss of amenities and future care

Ratio Decidendi

The court found the 1st defendant negligent: driving at 40 km/h downhill on a dark, steep, narrow bend without slowing, swerving and losing control and hitting the plaintiff; his prior conviction for careless driving reinforced the finding and he failed to discharge the shifted civil burden. The plaintiff was not contributorily negligent (court accepted she carried a switched-on torch and was near the kerb). Damages were assessed accordingly for PSLA, past special damages, interest, and future care including helper and wheelchairs, producing a total award of $1,182,226 HKD.

Court Disposition

Judgment for the plaintiff against the 1st defendant; action against the 2nd defendant discontinued with leave.

Orders

  • Judgment for the plaintiff against the 1st defendant for damages of $1,182,226 HKD.
  • Order nisi that the 1st defendant should pay the plaintiff her costs of the action, such costs to be taxed if not agreed.