Lam Se Tuen and Others v. Sin Pak Tong and Others

HCA001527/1982

1982 No. 1527

IN THE SUPREME COURT OF HONG KONG

HIGH COURT

BETWEEN

Coram: Master Crawshaw in Chambers

Date oF Hearing: 4 February 1985

Date of Delivery: 18 February 1985

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ASSESSMENT OF DAMAGES

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1. Represented by Miss Pinto of Counsel the Plaintiff in his own right, and as next friend of his son, appeared before me claiming damages for the injuries they sustained in a traffic accident on the 6th August 1979.

2. I will deal with the father's claims first.

3. On admission to casualty lacerations in his right leg were sutured while the left leg received dressings. He attended as an out-patient on four occasions and on the last, the 24th September 1979, it was noticed that there had been wasting of the muscles commonly known as the quadriceps.

4. He was given a drill to perform to strengthen those muscles which produced a complete recovery by the time Dr Wedderburn next saw him on 11 February 1983, and he gave it as his opinion that Mr Lam had sustained no permanent disability or impairment.

5. This opinion remained unchanged after Dr Wedderburn saw him again in November 1984, 5 years after the accident.               

6. His loss of earnings may be ascertained from his evidence and the employer's letters and the bundle of documents put in on his behalf.               

7. He was earning $1,700 p.m. at the time of the accident but on his own admission he received 2/3 of his pay during the three weeks he spend in hospital. He will get $400 for that period. He returned to work after his discharge but gave up from 1 March 1980 because he could no longer do the hard labour. He was unable to find other work until 1 August 1980 when he got a job as a "piecemeal" electrician with Hing Wah Industrial Co.               

8. Pausing here I recognize that it was difficult for him to obtain suitable employment between March and August 1980, but Dr Wedderburn does say that the "quadriceps drill" recommended during this period would not interfere with his ability to work except for 2-3 occasions to start with.               

9. I allow this claim for 3 months @ $1,842 = $5,526.00.

10. From the end of June to November 1981 he worked for Full Wah Industrial Co. and received a total of $5,500 which on his 1981 earnings represents a shortfall of $750 p.m. for 5 months = $3,750.

11. He then returned to Hing Wah from December 1981 to April 1982 at the old rates hence there is a loss of the difference amounting to $825 p.m. for 5 months = $4,125.

12. From 1 May 1982 and 8 November 1982 he went back to Full Wah and his loss there come to $4,476.

13. He began work with Kong Sun Weaving Factory in November 1982 and is with them still at a wage higher than formerly. Hence there is no claim for future loss of earnings.

14. His claim for special food I would have allowed at $15 per day for 3 weeks but for the fact that he claims less, viz. $300. The bone setter's fee for $1,300 I allow on the authority of Yu Ki v. Chui Kit-lan. 1981  HKLR 419.

15. For his General Damages Miss Pinto cited Ng Shin Chu v. Tye Dry Clearen etc. HKLJ 1984 p. 262 and Lui Yee Kwok v. Yan Tak Shing Vol. 8 No. 1 p. 109. There is no permanent disability nor was there any fracture of any bones. I award a sum of $20,000 under this head.

16. I turn now to his son, the 2nd plaintiff. He seems to have been extremely fortunate inasmuch as he appears to have made a complete recovery from his potentially fatal injury, a subluxation of C1 on C2, the "Atlas" and "Axis" vertebrae. 18 months old at the time, he required to wear a plastic collar for 11 months, and he was given considerable after-care. Happily there is now no evidence of damage to the brain or spinal cord nor has he sustained any permanent neurological impairment. He has made a complete recovery.

17. He does have a scar in the groin, which I saw, it is of no cosmetic significance.

18. His special damages are slight, $305 for hospital fees and $700 for special food, both of which I allow. For his General Damages Miss Pinto cited Ng Shui Chun (above) and Blue Taxis Co. v. Wong Sung-yau Vol. 11 No. 3 p. 411.

19. I assess his award at $12,500.

20. Interests @ 6.5% p.a. on special damages from date of accident to date of trial and 2% p.a. on damages for pain and suffering from date of service of the writ to date of trial. Plaintiffs' costs to be taxed in accordance with Legal Aid Regulations.

Representation:

Miss Pinto instructed by Director of Legal Aid for plaintiff

1st Defendant: SIN PAK TONG appearing in person

3rd Defendant: Chan Lai Bing trading as Lung Wah Motor Engineering appearing in person