Ng Kwok Leung v. Wong Hin Yeung

HCA003353/1978

IN THE SUPREME COURT OF HONG KONG

HIGH COURT

-----------------

-----------------

Coram: Mr. Registrar Wilson in Chambers.

Date of Judgment: 21 August 1979

---------------------------------------------------

ASSESSMENT OF DAMAGES

---------------------------------------------------

1. The plaintiff was admitted to hospital after the accident on 21st April 1977. He was briefly unconscious and had quite a number of bruises, abrasions and lacerations.

2. There were no post-concussion symptoms but he was found to have a broken collar bone, broken left ulna, and three broken ribs.

3. The ulna fracture was operated on and a plate and 3 screws inserted; a plaster cast was fitted. The collar bone was treated with a brace. The ribs were observed and found to have healed satisfactorily.

4. Thus the plaintiff had 4 weeks in hospital, two months with his arm in plaster, and was required to report back monthly until the end of 1977. He also lost several months of work but no attempt was made to quantify this.

5. He is now left with four small scars, of no cosmetic significance for a middle aged man, but nevertheless clearly caused by his injuries. There is a bony swelling where the collar bone healed. There is a slight swelling on the forearm over the bone plate. Although his left arm has full movement his left hand has a loosened grip. He has difficulty in lifting heavy objects especially above head height.

6. The plate and screws remain in the left arm and these will have to be removed in the near future.

7. After considering the circumstances and the authorities cited to me by both parties I assess general damages at $18,000.

8. Damaged clothing I estimate on the evidence at $500.

9. Medical fees are claimed at $1,600. Receipts totalling $1,060 are produced. The balance is said to be for physiotherapy treatment for which no receipts were kept. physiotherapy was certainly advised according to Dr. Liu's report and this claim appears reasonable. I allow $1,600.

10. Taxi fares are claimed at $500. There is no record but these are said to be for the plaintiff's wife's hospital visits in the first instance and thereafter for the plaintiff's physiotherapy treatment. As far as I can calculate from the frequency and period covered by these visits this is reasonable. I allow this item.

11. $1,100 is claimed for nourishment and special food. There is no evidence apart from the plaintiff's oral estimate that this amount was spent and no evidence that it was desirable or recommended. I disallow this item.

12. The result is:-

13. There will be interest on general damages at 7% from service of writ to this award and interest at 4% on special damages from the date of the accident to this award.

14. Fit for counsel.

15. Liberty to apply.

16. Dated this 18th day of August, 1979.

Representation:

Mr. Wesley Wong instructed by C.P. Tsang & Co. for plaintiff.

Mr. Alfred Law instructed by Vincent Lo & Co. for defendant.