Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Disc herniation (c5-6)
  • 28 Mar 2002

    KEN JOHN GEISSLER AND ANOTHER v. CHAN KIM-CHUNG AND ANOTHER

    Citation
    KEN JOHN GEISSLER AND ANOTHER v. CHAN KIM-CHUNG AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCPI1/2000

    Judge accepted causation that the accident caused LWS and a C5-6 herniation, found whole person impairment at 5% using AMA criteria, applied loss-of-chance principles to established commercial opportunities and quantified business losses where the chance was real and substantial (awarding damages for L'Auto and Carrefour opportunities but rejecting continuation with Casino/Autoservice), rejected speculative elements (excessive spare parts figures), and awarded a global sum reflecting pain, loss of amenities, agreed special damages and quantified commercial losses and future expenses.