Cho Suk Ying v. Yung Muk Hoi and Others
Read the full judgment text of HCA 4125/1978 on BabelCite. This High Court CFI judgment.
1. On the 7th September 1977 whilst waiting at a bus stop opposite North Kowloon Magistracy, Tai Po Road, Kowloon the Infant Plaintiff was knocked down by a motor vehicle driven by the 4th Defendant and owned by the 3rd Defendant which was involved in a collision with another vehicle driven by the 2nd Defendant and owned by the 1st Defendant.
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HCA004125/1978
IN THE SUPREME COURT OF HONG KONG HIGH COURT -----------------
----------------- Coram: Mr. Registrar Blackwell in Chambers. Date of Judgment: 7th January 1980. Mr. P. Chan instructed by Messrs. Johnson Stokes and Master for Plaintiff. Mr. W. Wong instructed by Messrs. Johnny T.K. Cheng for 1st & 2nd Defendants and 1st & 2nd Third Parties. Mr. W. Wong instructed by Messrs. Victor Ng & Co. for 3rd & 4th Defendants. ----------------- DECISION ----------------- 1. On the 7th September 1977 whilst waiting at a bus stop opposite North Kowloon Magistracy, Tai Po Road, Kowloon the Infant Plaintiff was knocked down by a motor vehicle driven by the 4th Defendant and owned by the 3rd Defendant which was involved in a collision with another vehicle driven by the 2nd Defendant and owned by the 1st Defendant. 2. Judgment was entered in favour of the Infant Plaintiff who is suing by her Mother and Next Friend, on the 26th November 1979 for damages to be assessed such assessed damages to be apportioned as to 2/3 to the 1st and 2nd Defendants and 1/3 to the 3rd and 4th Defendants. 3. At the date of the accident the Plaintiff was 17 years of age and attending day school as a pupil and living at home with her parents and siblings. 4. Immediately following the accident the Plaintiff was admitted to Kwong Wah Hospital where she was found to have suffered the following injuries:
She was discharged from Kwong Wah Hospital on the 8th November 1977. Thereafter she attended follow-up treatment for a further three months on a daily basis. I Pain Suffering and Loss of Amenities: 5. In addition to the usual degree of pain associated with a broken arm and lacerations and abrasions, this girl lost four central lower teeth which have had to be replaced by a denture. She has scarring of her right eyebrow, right upper lip and also on the back of her right forearm. The scarring fortunately is not too serious and can probably be righted by plastic surgery. The fracture of the left radius has healed completely and she has regained her full grip of her left hand. 6. The most serious aspect of this matter is that the Plaintiff as a result of the accident has suffered damage to the left side of her brain which has left her with partial paralysis of her right arm and right leg and memory disturbance and also a slight risk of epilepsis which will continue for 20 years at a steadily decreasing rate. The brain damage has gravely affected her school performance and according to the psychiatrist Dr. David Chan she has a significant amount of intellectual deficit amounting to about 20%. 7. Dr. Wedderburn in his report on the Plaintiff stated:
8. The Plaintiff on her return to school after the accident repeated Form IV. Before the accident her school report showed her as being near the top of the class whereas after the accident she was at the bottom of the class and thus was the result of her lack of comprehension due to brain damage. 9. Bearing in mind the age of the Plaintiff and all the surrounding circumstance and especially the severity and permanence of the abnormalities, a substantial award for loss of amenities is called for. A number of decisions were cited to me where awards for similar injuries were in the range of $40,000 to $90,000. 10. The Plaintiff has been and will be deprived of many abilities and pleasures which she could have had but for this accident and I feel that damages towards the upper end of the scale should be awarded. My assessment under this head is $75,000. II Loss of Future Earning Capacity 11. There is no doubt that before the accident the Plaintiff was doing very well at school and perhaps a bright future lay before her. Now she is employed as an assistant nurse (unqualified) at a clinic earning $750. She told me she had plans to go to the University but she might not have been successful in fulfilling that desire. However there is little doubt that due to her lack of comprehension she will not attain the earning capacity she would otherwise have attained. I accept that she would have completed Form V but for the accident. As was pointed out to me there was no evidence what work she wanted to do or how the accident has frustrated any such desire. 12. Counsel for the Defendants has submitted that as the Plaintiff had never worked prior to the accident there can be no case for future loss of earning other than the assessment of a global sum. 13. I have to decide whether there is a case of loss of future earning capacity and I bear in mind the decision in Cook v. Consolidated Fisheries Ltd. [1977] I.C.R. 635 where the principle of compensation for loss of future earning capacity was expounded upon by Lord Denning, M.R. I was also cited the case of Lam Mei Lan v. Leung Yuk & Ors. 1979 No. 676 where the Court said it was proper in all the circumstances to consider that a bright youngest child of a close knit family, as was the Plaintiff in the present case, would complete her studies and even a university education which would result in the earning of a reasonably good income. I follow the principles which were laid down in the cases I have quoted and I assess the diminution of the Plaintiff's future income to be at least $800 per month. Bearing in mind the age of the Plaintiff and the normal hazards of life including the fact that she might marry and have children which would prevent her from working, I consider the correct multiplier to adopt is 10. 14. Thus the amount assessed under this head is $96,000. Special Damages 15. The main items here are the loss of wages of the Plaintiff's Mother and a sum of $6,100 which the Plaintiff's Mother said she spent on chicken for the Plaintiff during the period the Plaintiff was in hospital and whilst she was attending for follow-up treatment. Having had the benefit of seeing and hearing the Plaintiff's Mother, I make the following assessment under this head.
16. Interest will be earned on general damages @ 8% from date of issue of writ and on special damages at the rate of 4% p.a. from date of accident. Plaintiff to have her costs with Certificate for Counsel to be taxed. 17. Dated this 7th day of January 1980.
Representation: Mr. P. Chan instructed by Messrs. Johnson Stokes and Master for Plaintiff. Mr. W. Wong instructed by Messrs. Johnny T.K. Cheng for 1st & 2nd Defendants and 1st & 2nd Third Parties. Mr. W. Wong instructed by Messrs. Victor Ng & Co. for 3rd & 4th Defendants. |