26 Jul 2024
SO PO KAM v. CHEUNG HIU WANG trading as HO KONG ENGINEERING COMPANY AND ANOTHER
- Citation
- [2024] HKDC 1218
- Court
- District Court
- Case number
- DCPI3335/2021
The Court found the Accident caused a soft tissue back sprain but that the claimant had pre-existing lumbar degenerative change; applying the thin skull principle and authorities on pre-existing conditions the court declined a large discount, accepted contemporaneous WhatsApp records to fix monthly earnings at HK$36,400, allowed a reasonable 5-month sick leave for pre-trial loss, applied a reduced multiplier of 7 for future partial loss, awarded PSLA HK$100,000 and total damages HK$367,200 after offset of employees' compensation, plus ordered interest and costs as specified.