Read the full judgment text of HCPI 000422/1995 on BabelCite. This High Court CFI judgment was delivered on 14 March 1996 before Cheung J (Peter Cheung).
Personal injury – employer's liability – safe system of work – duty of care – manual handling – lifting heavy moulds with concrete – back injury – L5/S1 disc prolapse – loss of earning capacity – assessment of damages – inflation adjustment to PSLA – contributory negligence. The plaintiff was employed by the defendant to prepare concrete mix samples on construction sites. On 29 May 1992 he sustained injury while lifting a mould containing a concrete block during the dismantling operation. He suffered a central and right side L5/S1 disc prolapse requiring surgery, and continued to suffer chronic back pain with a 30% loss of earning capacity. The court held that the moulds provided by the defendant were too heavy to be lifted safely, that the defendant had not prohibited workers from lifting moulds with concrete, and had not instructed workers on safe lifting posture, thereby breaching its duty to provide a safe system of work. The court found no contributory negligence on the part of the plaintiff. As to quantum, the court assessed the plaintiff's injuries as falling within the serious injuries category in Lee Ting Lam v Leung Kam Ming, applied the inflation-adjusted range from Chan Pui Ki of $270,000 to $360,000, and awarded $300,000 for pain, suffering and loss of amenities, with interest at 3% from the date of the writ for 17 months equalling $12,750. Pre-trial loss of earnings was assessed at $197,637.50 based on a median monthly salary of $8,150 over 24.25 months. The court further awarded $200,000 for loss of earning capacity, following the approach in Kwok Hang Kei v Quon Hing Concrete Co Ltd, given the plaintiff's established handicap in the labour market. Medical and travelling expenses of $16,233 were allowed, with pre-trial interest on special damages of $48,120.86 at 6% per annum. Total damages of $774,741.36 were reduced by employees' compensation of $205,672.20, giving judgment for $569,069.16 with interest at judgment rate and costs nisi to the plaintiff.
Legal issues: Employer's breach of duty in providing a safe system of work · Whether plaintiff was contributorily negligent · Quantum of damages for pain, suffering and loss of amenities · Whether an award should be made for loss of earning capacity
Outcome: Judgment for the plaintiff; defendant fully liable with no contributory negligence found against the plaintiff.
Cited by 5 cases