Leung Kwong v. Luen Fat Chemical Production Co Ltd

HCA006789/1982

IN THE SUPREME COURT OF HONG KONG

HIGH COURT

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BETWEEN

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Coram: Master Hansen in Chambers

Date: 13 December 1982

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ASSESSMENT OF DAMAGES

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1. On the 29th May 1980 the Plaintiff, then aged 47, injured his right hand when it was pulled into a high temperature oven of a plastic extruding machine at the Defendant's factory.

2. As a result, the Plaintiff suffered a badly crushed right hand and forearm. On the day of the accident, an emergency full wrist amputation of the right hand was done at P.M.H. Because the wound was badly contaminated it had to be left open. On the 8th June 1980 a further operation was carried out to reshape the bone ends and a skin graft from the thigh was carried out to close the wound. On the 15th October 1980 a small operation was carried out under local anaesthetic to excise the head of the ulna. He was discharged on the following day. Dr Ma, who gave evidence of this treatment, stated that the medical Board decided that the Plaintiff after being fitted with an artificial limb was quite capable of carrying out his duties in his primary employment - caring for nurses quarters at Castle Peak Hospital. However, according to the F.I. of the Labour Department Mr Hung, the Medical Board stated he was suffering from a 50% disability. One can only presume that such an assessment related to his secondary employment at the plactics factory where he was injured.

3. At the time of the accident the Plaintiff was married with 6 children and living in Tuen Mun. He was (and still is) employed in the nurses quarters at Castle Peak Hospital taking care of the laundry, phone calls and other minor matters. His income was $1,425 P.m. At the time of the accident he was employed part time by the Defendant company. His evidence, which I accept, was that he had worked part time for the Defendant company for 3-4 years. He worked either 6 or 7 days a week and earned on average $1,200 p.m. from that part time job.

4. The Plaintiff stated he spent 23 days in hospital. Before the accident he was right handed and despite the artificial limb that has been fitted he suffers very real inconvenience. He detailed difficulties he encounters whilst eating and dressing. He said he was embarrassed to go out and meet people now and as a result does not engage in the social activities (such as mahjong) that he undertook before the accident. That I can understand because the artificial limb is unsightly and the Plaintiff's embarrassment is a normal reaction. He was off work at his primary employment for 8 months. However, he received full pay for 6 months and ½ pay for the remaining two months.

5. Because of the accident his wife took one week's leave. Also, she visited him every day whilst he was in hospital. During his stay in hospital his wife bought him the usual nutritious foods. On his release from hospital he continued to take such foods for another 4-5 months. Also following the accident he had to make 40 trips to the South Kwai Chung Jockey Club Clinic relating to the fitting of his artificial limb. The return journey. cost $4.40.

6. General Damages:-

7. Pain suffering and Loss of Amenities

Summary : -

8. There will be an award as follows:-

9. There will be a credit in the sum of $30,160.00 for Workman's Compensation already received.

10. There will be interest on the general damages at the rate of 14% p.a. from the date of service of the unit to the date of the hearing and at the rate of 7% p. a. on the sum of $41,144.60 (being special damages at (a), (c), (d), (e), (f) and (g) from the date of the accident.

11. Costs to the Plaintiff to be taxed under Legal Aid Regulations with a certificate for counsel.

Representation:

Mr Wong instructed by HO & Wong for Plaintiff.

Defendant absent.