Fan Wai Man v. Wong Man
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HCA003625/1977
IN THE SUPREME COURT OF HONG KONG HIGH COURT -----------------
----------------- Coram: Mr. Registrar O'Dea in Chambers. Date of Judgment: 10 April 1979 ----------------- DECISION ----------------- 1. This is an assessment of damages consequent upon injuries suffered by the plaintiff when he was a passenger in a private motor car owned and driven by the defendant which on the 23rd day of March 1976 went out of control and crashed into a hillside. 2. On the 1st August 1978 interlocutory judgment was entered for the plaintiff against the defendant with damages to be assessed. 3. On the date of the accident the plaintiff was aged 21 years and was single. He lived at home with his parents and was employed by a textile firm earning around $1,300 per month. General Damages
4. After the accident the plaintiff was admitted to Queen Elizabeth Hospital where he was ...(illegible) to have fractures of the 5th and 6th cervical spines and left 9th rib. ...(illegible) ...(illegible) of the fractures by means of traction was applied through the skull and this treatment continued until 17th May 1976. Repeated attacks of urinary tract infection were controlled by antibiotics and he was finally discharged on the 27th July 1976 in a wheelchair. 5. As a result of his injuries the plaintiff has suffered complete paralysis of both lower limbs. There is a total loss of sensation from the mid chest downwards. The muscles of his upper arms remain well developed but severe wasting and paralysis has occurred below elbow level. He requires a Paul's tube to control his urinary functions and bowel movements are regulated by suppositories. His ability to manipulate objects with his hands is severely limited and constant nursing is essential. 6. The plaintiff's present condition is permanent and although mentally alert he will be confined to living in a wheelchair for the rest of his life. He will be susceptible to chest and urinary infections and such conditions will be difficult to detect at their early stages due to the plaintiff's inability to receive the usual warning signals associated with pain or discomfort. The intercostal muscles of the chest are paralysed and breathing is achieved only by the diaphragm supplied by the phrenic nerve and the resulting deficient air exchange predisposes to pneumonia. 7. A number of Hong Kong awards in similar cases were referred to in order to assist me in determining the amount of damages to be awarded under this head. In 1975 Pickering J. awarded $150,000 to a plaintiff who had suffered quadriplegia. (Wong Tak-hing v. Lai Sang Industrial Company Limited Action No. 1489 of 1973). Other awards ranging from $60,000 to $125,000 ...(illegible) been given in cases where paralysis has affected the lower limbs from ...(illegible) down. In view of the plaintiff's condition in this case I consider ...(illegible) award should be $145,000. There remain damages for loss of expectation of life which I assess at $8,000.
8. There was no dispute that the plaintiff's earnings prior to the accident were $1,300 per month. In considering the appropriate multiplier to adopt I take account of medical opinion on the reduction in expectation of life as a result of the injuries suffered. Dr. Wedderburn gave evidence that in his view he would be surprised if the plaintiff survived to the age of 50. Although he agreed this to be an "educated guess" I must accept that, for the purposes of this assessment the plaintiff's expectation of life must be between 20 to 25 years. 9. In view of the recent findings of the House of Lords in Pickett v. British Rail Engineering Ltd. (1978) 3 W.L.R. 955 when the Court held that an injured plaintiff was entitled to recover damages for loss of earnings during the lost years or the period for which, but for the injuries, he would have survived I find myself in the position of having to determine two multipliers. 10. The plaintiff is presently aged 24 and the appropriate multiplier, including the lost years, should be 15. The multiplier which I propose to adopt for the actual period which the plaintiff is expected to survive is 13. Loss of future earnings can therefore be calculated on the following basis: -
11. In view of the age of the plaintiff's parents it was agreed that he will have to pay for nursing care in the sum of $450 per month. Using the multiplier of 13 damages under this head will amount to $70,200. Special Damages 12. These damages were agreed as follows:
13. Interest will be awarded pursuant to the guidelines laid down by the Court of Appeal in Leung Chat-nui v. Chau King-wai & Anor. 1978 No. 13 (Civil) at the rate of 7% p.a. on general damages from the date of issue of the writ until judgment and at 4% p.a. on special damages from the date of the accident. The plaintiff is entitled to his costs with a certificate for counsel. 14. Dated this 10th day of April, 1979.
Representation: Mr. John Bleach instructed by Rowdget W. Young & Co. for Plaintiff. Mr. K.H. Woo instructed by Kenneth K.C. Wong & Co. for Defendant. |