27 Nov 2003
LUK YEE LAM v. ORASA LIVASIRI
- Citation
- LUK YEE LAM v. ORASA LIVASIRI
- Court
- Court of First Instance
- Case number
- HCPI394/2002
The plaintiff's refusal to undergo the offered anterior cervical fusion surgery was not unreasonable given the equivocal advice, the plaintiff's education and background, family concerns and conflicting medical opinions; consequently there is no reduction for failure to mitigate. The court awarded general damages $400,000, pre-trial loss $222,162.32, post-trial loss $415,680 (multiplier 10 from date of trial), special damages $48,890, totaling $1,086,732.32, with specified interest and costs orders.