6 Jun 2014
YEUNG MEI HOI v. TAM CHEUK SHING AND ANOTHER
- Citation
- YEUNG MEI HOI v. TAM CHEUK SHING AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCPI901/2011
The assault by Tam was a personal, spiteful act outside the scope or course of his employment and not closely connected with his duties as a security guard; Kai Shing neither knew nor reasonably foresaw a risk that Tam would violentize Yeung and therefore was not in breach of duty or vicariously liable. Consequently the claim against Kai Shing is dismissed. Damages were assessed against Tam for injuries sustained: PSLA HK$220,000; past loss of earnings HK$306,075; loss of earning capacity HK$50,000; future medical HK$4,200; miscellaneous HK$20,000; total HK$600,275 with credit for employees'…