Read the full judgment text of HCA 007911/1988 on BabelCite. This High Court CFI judgment was delivered on 5 June 1990 before Nazareth J.
Fatal injury – LARCO claim – Loss of accumulation of wealth – Award made notwithstanding absence of any pattern of savings – Deceased killed when struck by defendant's van while walking alongside his parked heavy goods vehicle – Defendant convicted of careless driving – Whether defendant negligent in failing to change down gear and in manner of braking on steep curving slope – Whether deceased contributorily negligent in parking position and approach to cab – Whether loss of wealth award can be made without pattern of savings – Assessment of multiplicands and multipliers for wife, daughter and father under Fatal Accidents Ordinance – Deceased employed as heavy goods vehicle driver with no vices, frugal habits, no pattern of savings, leaving only $973.49 in account at death – Earnings would have increased by 105% from HK$4,450 to HK$9,122.50 per month – Held: defendant liable in negligence and no contributory negligence by deceased – Loss of wealth award of 10% of earnings made as clear minimum that would have been saved, higher rate being too speculative – Multipliers of 15 for wife, 10 for daughter (dependency to age 21 reflecting probable tertiary education), and 6 years for father – Bereavement award of $40,000 under FAO s.4(3) – Funeral expenses of $20,000 – Net sum of $579,233.90 awarded to plaintiffs after deduction of $299,000 Employees' Compensation already paid, inclusive of interest – Costs to plaintiffs
Legal issues: Liability of defendant in negligence · Contributory negligence of the deceased · Loss of accumulation of wealth award in absence of pattern of savings · Assessment of multiplicands and multipliers for FAO dependency
Outcome: Judgment for the plaintiffs; defendant liable in negligence with no contributory negligence; net award of $579,233.90 (inclusive of interest and after deduction of $299,000 Employees' Compensation already paid).