Read the full judgment text of HCA 002706/1987 on BabelCite. This High Court CFI judgment was delivered on 9 June 1989 before Master J. Chan.
Personal injury – assessment of damages – road traffic accident – passenger in defendant's vehicle colliding with taxi – multiple fractures of cervical spine (C2), left clavicle, left scapula and left pubic bone, with subsequent discovery of L1 lumbar compression fracture – 10% whole-person impairment – whether L1 compression fracture caused by accident – held on balance of probabilities yes, with delay in diagnosis not breaking chain of causation – quantum for pain, suffering and loss of amenities – global approach preferred over aggregation of per-injury awards – court awards $100,000, applying Fu Chu Kong v. Shun Fai Construction Co. Ltd. and adjustment in Lau Che Ping v. Hoi Kong Ironwares Godown Co Ltd., finding the case falls short of the serious injury category in Lee Tina Lam Lung Kam Ming – pre-accident earnings of $9,000 per month as lounge organist accepted – loss of income from accident to resumption in April/May 1986 awarded at $44,820 – loss of future income as substitute organist not established, plaintiff's evidence being evasive and unsatisfactory, with substitute-only status attributable to negative attitude rather than back condition – loss of earning capacity (handicap on the labour market) awarded at 6 months' wages increased by 20%, namely $64,800, applying Moeliker v. Reyrolle & Co. Ltd. and Li Ping Sum v. Chan Wai Tong, and recognising the volatile nature of lounge entertainment in Hong Kong per Lau Che Ping – other agreed heads of $6,730 – statement obtained by defendant's litigation clerk without solicitor consent or warning given no weight as unfairly obtained – total damages $216,350 plus interest and costs to plaintiff with certificate for counsel.
Legal issues: Causation of the L1 compression fracture · Quantum for pain, suffering and loss of amenities · Loss of future income / post-resumption earnings · Loss of earning capacity / handicap on the labour market · Admissibility of an unfairly obtained statement
Outcome: Damages assessed in favour of the plaintiff in the total sum of $216,350.00, with interest and costs.
Cited by 1 case