Chung Tai Hai v. Lau Kai Sun and Another

HCA003267/1978

IN THE SUPREME COURT OF HONG KONG

HIGH COURT

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Coram: Mr. Registrar Wilson in Chambers.

Date of Judgment: 21 August 1979

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ASSESSMENT OF DAMAGES

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1. This is an assessment of damages consequent upon a judgment entered against both defendants.

2. The plaintiff was struck by a vehicle on 23rd January 1977. She was admitted to hospital and found to have fractures of both bones of both lower legs and a fractured collar bone. The latter was treated with a sling and has healed satisfactorily. The legs were kept in plaster for 14 weeks. She then used two crutches for 6 weeks after which she gradually began to walk with difficulty. She still uses a stick.

3. There is some doubt about the Plaintiff's age. She thinks she is about 67 and there is no other evidence. She appears to me to be somewhere close to 70.

4. The plaintiff now hobbles rather unsteadily. At the hearing I observed her walk with some difficulty. She tends to clutch for support after a few paces. Without seeing her prior to the accident it is difficult to say how much of her unsteadiness may be due to her advanced age but after considering the medical reports and seeing her give evidence it appears to me that most of this unsteadiness is attributable to her injuries. She impressed me, as she did Dr. Wedderburn, as being cheerful and well-adjusted, and certainly not inclined to exaggerate her disability.

5. Before the accident the plaintiff worked at washing dishes in a restaurant. She is now not capable of any work except helping in the house and indeed can leave the house only with assistance.

6. In the circumstances and on considering the authorities cited I assess general damages at $30,000.

7. The plaintiff was paid $790 per month at the time of the accident. She never returned to work. There is evidence that in July 1978 the "going rate" for her type of work increased to $1,050. This I accept. There was some evidence that it has further increased since but I am not sure this was established. I assess loss of earnings thus:-

8. Other agreed Special damages were:-

9. There remains future loss of earnings. The plaintiff urged me to accept $1,200 per month but for the reasons given I shall adopt $1,050 as a starting point. Then the defendant urged me to reduce this by, say, $100 as the plaintiff helps her daughter at home with garment trimming. After hearing both the plaintiff and the daughter on this point I am satisfied that any such assistance is insignificant in monetary terms. Also the plaintiff mentioned in her evidence that she ate at her place of her work. The point was not developed but if by this the plaintiff meant she was provided with free meals this would be a monetary benefit in addition to her wages which could be taken into account. Certainly its loss would offset any gain from the plaintiff's contribution to garment trimming.

10. I shall adopt a monthly figure of $1,050. In view of the plaintiff's advanced age I think a multiplier of 2 is appropriate. This results in $25,200.

11. I assess as follows:-

General damages

Special damages

12. There will be interest at 7% on the $30,000 general damages from date of writ to today; interest at 4% on the special damages from the date of the accident.

13. The plaintiff is to have costs of this assessment taxed under the Legal Aid Regulations.

14. Dated this 21st day of August, 1979.

Representation:

Mr. Morton - Director of Legal Aid for plaintiff.

Mr. Wesley Wong instructed by Vincent Lo & Co. for defendents.