21 Feb 2019
THAPA GOMA v. TINA GLOBAL (HK) LTD AND ANOTHER
- Citation
- [2019] HKCFI 471
- Court
- Court of First Instance
- Case number
- HCPI810/2015
D1 was held to be the plaintiff's employer on the evidence (Form 2, contractual arrangements, payroll/attendance records and conduct). As employer D1 breached its non-delegable duty by failing to provide a safe system of work, adequate training, supervision, manpower and equipment for the manual handling task; those breaches caused the Accident and the annular tears/back sprain. There was no proven contributory negligence and no apportionment to D2 was required. Damages were assessed with allowance for pre-existing degenerative changes under the crumbling skull principle, producing a judgment…