Ng Mei Yuk v. Yip Chi Kin
Read the full judgment text of HCA 4811/1982 on BabelCite. This High Court CFI judgment was delivered on 20 January 1983.
1. The Plaintiff was struck by a moter cycle ridden by the Defendant on a pedestrian crossing in Jordan Road at about 9.55 a.m. on the 12th December 1980. Interlocutory judgment was entered against the Defendant on the 3rd September 1982.
Cites 2 cases
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HCA004811/1982 4811/82 IN THE SUPREME COURT OF HONG KONG HIGH COURT ____________ BETWEEN
____________ Coram: Master Hansen in Chambers Date: 20 January 1983 __________________________ ASSESSMENT OF DAMAGES __________________________ 1. The Plaintiff was struck by a moter cycle ridden by the Defendant on a pedestrian crossing in Jordan Road at about 9.55 a.m. on the 12th December 1980. Interlocutory judgment was entered against the Defendant on the 3rd September 1982. 2. As a result of the accident the Plaintiff (aged 84 at the date of the accident) was admitted to Queen Elizabeth Hospital. She was found to have a fractured pelvis. Emergency laparatomy was performed the day of the accident and retro-peritoneal and extra-peritoneal haemotoma was found. The Plaintiff was discharged from hospital when she was able to walk on crutches. 3. The Plaintiff gave evidence that when she returned home her hip was very painful and that she couldn't walk. She stated she spent 5 months in bed during which time her son employed an amah to care for her. She stated she had to rely on crutches until the summer of 1982. Sines then she has needed a walking stick. The furtherest she can now walk is less than a block. 4. A report was prepared by Dr Wedderburn. His report shows that the Plaintiff still complains of pain in the right buttock, hip, low back and thigh. He said she had difficulty even climbing onto his couch. He said it appeared that her right leg appeared 2" shorter than the other. However, on examination he discovered this was caused by the socket of the hip having been moved up 1" and by the Plaintiff favouring her right leg by tilting the right side of the pelvis upwards by another 1". She has a loss of 10º of her ability to bend the leg at the hip and a loss of 45º in the movements of internal and external rotation of the leg at the hip. Dr Wedderburn stated that her serious injury greatly reduces her mobility and her lifestyle. He also considered that her expectation of life is reduced by at least a year because of the accident. General Damages 5. Mr Whitley referred me to two authorities on pain suffering and loss of amenities. The first was Li Leung v Yip Kam Wah HCA 416/1980. In that case Silke J. awarded $30,000. The second was Mak Leung Yan v China Motor Bus Ltd. In that case Lui J. dismissed the claim against the Defendant but went on to discuss quantum. $20,000 were awarded for the pain, suffering and loss of amenities. Although both cases involved similar injuries to those suffered by the Plaintiff they were not as serious as hers. As well she has suffered a loss of expectation of life which was not a factor in the two cases cited. Taking into account the authorities cited, the more serious nature of the Plaintiff's injuries, her loss of her expectation of life and the fall in the value of money I assess damages under this head as $45,000. Special Damages (a) Hospital Expenses
(b) Travelling expenses
(c) Nourishing food
(d) Wages incurred in employing an amah
Summary of damages awarded:-
6. There will be interest at the rate of 14% p.a. from the date of service of the writ until the date of the hearing on the general damages and at 7% p.a. on the special damages since the date of the accident. 7. There will be costs to the Plaintiff to be taxed in accordance with the Legal Aid Regulations.
Representation: Mr Whitley D.L.A., for Plaintiff Defendant in person |
Cases cited in this judgment