YU KI v. CHIN KIT IAM AND ANOTHER

YU KI v. CHIN KIT IAM AND ANOTHER

The court preferred the plaintiff's account and found the first defendant wholly at fault for driving too fast and not keeping a proper lookout in the prevailing lighting conditions; plaintiff awarded agreed general damages and assessed special damages, allowed bone-setter fees and a limited sum for nourishing food, and awarded interest and costs as specified.

Citation
YU KI v. CHIN KIT IAM AND ANOTHER
Parties
Plaintiff: Yu Ki; 1st Defendant: CHIN Kit Lam; 2nd Defendant: CHAN Kwai Ming
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 May 1981
Case Number
HCA2224/1980
Procedural Posture
Civil / Judgment
Outcome
Judgment for plaintiff; first defendant held wholly liable; damages awarded.
Legal Topics
Negligence, Contributory Negligence, Assessment of General and Special Damages, Nourishing Food Claims, Chinese Medical Treatment Reimbursement, Interest on Damages, Costs
Source Language
EN
Tort Personal Injury Motor Vehicle Accidents Damages Civil Procedure Negligence Contributory Negligence Assessment of General and Special Damages +4 more

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Parties

Yu Ki

Plaintiff

CHIN Kit Lam

1st Defendant

CHAN Kwai Ming

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Liability for pedestrian injury caused by motor vehicle
  2. 2 Whether plaintiff was contributorily negligent
  3. 3 Recoverability of nourishing food expenses

Ratio Decidendi

The court preferred the plaintiff's account and found the first defendant wholly at fault for driving too fast and not keeping a proper lookout in the prevailing lighting conditions; plaintiff awarded agreed general damages and assessed special damages, allowed bone-setter fees and a limited sum for nourishing food, and awarded interest and costs as specified.

Court Disposition

Judgment for plaintiff; first defendant held wholly liable; damages awarded.

Orders

  • Special damages awarded $17,582 with interest at 7% from 16 May 1979 to 13 May 1981
  • General damages awarded $49,000 with interest at 14% from 13 May 1980 to 13 May 1981