BabelCite

Lau Choi v. Szeto Wai Hung

Read the full judgment text of HCA 3862/1983 on BabelCite. This High Court CFI judgment.

1. The Plaintiff is an elderly widow now aged 78. She was hit by a motor cycle ridden by the Defendant on the 29th March 1982.

Case No.HCA 3862/1983
Court
High Court CFI
Date—
Judge—
Case Document
100%Judiciary

HCA003862/1983

No. 3862/1983

IN THE SUPREME COURT OF HONG KONG

HIGH COURT

____________

BETWEEN

LAU CHOI

Plaintiff

and
SZETO WAI HUNG

Defendant

Coram: Master Emerson in Chambers

Date of Hearing: 24 August 1983

Appearances: Director of Legal Aid

Defendant in Person

--------------------------

JUDGMENT

--------------------------

1. The Plaintiff is an elderly widow now aged 78. She was hit by a motor cycle ridden by the Defendant on the 29th March 1982.

2. The accident occurred when the Plaintiff was crossing Yu Chau Street in Shamshuipo. She was on the pedestrian crossing. The defendant does not dispute liability. His insurers are Target Insurance Company.

3. The medical report of Mr Wedderburn F.R.C.S. is before the Court.

4. The Plaintiff's injuries amount to:-

(i)   A fracture of the left collar bone

               This has united well but due to the Plaintiff 's age she is left with some limitation of movement of the left arm. She an only raise it to her shoulder level and the movements of internal and external rotation are reduced. The Plaintiff was 10 days in the Kwong Wah Hospital for the treatment of this injury.

(ii)  A haematoma (or bruise) of the left calf

               This caused trouble following the Plaintiff's discharge from the Kwong Wah Hospital and she was later admitted to Caritas Hospital and remained there for a month in September 1982. A 3 inch scar is left. She had some 6 months discomfort.

(iii)  Some small lacerations

                The only visible scar is of 5 inches on the right side.

(iv)  Concussion - following a few minutes loss of consciousness. On Mr Wedderburn's report:-

5. I accept that the Plaintiff has suffered two years loss of expectation of life and I accept that there is a 15% impairment of the whole man from loss of left arm movement.

6. I also accept that the Plaintiff has ceased helping in the family business two years before she would normally have done so. Mr Wedderburn said she would have stopped work when she was 79 to 80. I discount the plaintiff's complaint of discomfort in the left arm - and "all over the body" and the alleged "dizziness in bed at night" as exaggeration.

7. I have been referred to a number of cases by the Plaintiff's solicitors. Only Ng Kwok Leung v Wong Hin Yin 3353/1978 High Court included a collar bone injury.

8. I have referred to Kemp & Kemp - Reference 9.010 Wagner v Mitchell includes a collar bone injury and £3250 was awarded. Other reference are at 9009 - 9010 - 9012/1 9014 and 9061.

9. For general damages, I award the Plaintiff HK$ 20,000 which embraces her pain and suffering from the injuries, the scaring, and the resultant disability $10,000 for loss of expectation of life by two years. In addition I award the Plaintiff $3,000 to cover a monthly loss of $300 (see infra) over two years 1982/1984 as loss of future earning capacity.

10. I have borne in mind that a particular injury in a particular case may involve more suffering in the elderly.

SPECIAL DAMAGES

11. I allow item

(i)

 Hospital accommodation @ $170

(ii)

 Out-patient medicine @ $5

at

(iii)

 I disallow Plaintiff's relatives travelling expenses

(iv)

 I admit a claim for $24 the Plaintiff's travelling expenses

(v)

 bonesetters

There is authority to allow bonesetters fees. (See Yu Ki v Chin Kit Lam & Chan Kwai Ming 1981 H.K.L.R. 419) But a large sum is claimed here. HK$ 5,700. Mr Wedderburn F.R.C.S. spoke of "a very high figure" but said "they give sympathy and time - a psychological help - they are not psyiotherapists - the opposite." I think the bill is grossly inflated and I allow it at $2,500.

(vi) Tonic foods

There is authority to allow something for tonic foods. (Yip Hoi Kwai v Yau For Choi 1979 H.K.L.R. 169) When examined by the Court however - Mr Kwok said he spent $10 a day on taking food to his mother and this admission whittles down this claim extensively. I allow it as $660.

(vii)  

 I allow the Plaintiff's claim for clothing and a bracelet at $206.50.

(viii)

 There is legal authority to pay the son's travelling expenses to hospital. I allow this item $2,200. Kirkham v Boughey 1958 2 QB 338. Robertson v Turnbull 1981 The Times 6 October

(ix)

 The Plaintiff lived with her family and "ties up bundles of wooden objects for electrical appliances". She has had to give up this activity.

12. The Plaintiff lived with her son Kwok Chuk Yin and her daughter-in-law and their children. Mr Kwok Chuk Yin runs a small business on his own account. The Plaintiff says she was paid by her son at the rate of $600 per month. However, Mr. Kwok Chuk Yin can produce no accounts or books to prove the payment of wages as alleged.

13. The Plaintiff and Mr Kwok Chuk Yin contradicted each other on material matters concerning the alleged wages.

14. Having referred to the evidence of the Plaintiff and the lack of credibility of that evidence I reject the Plaintiff's claim that she earned $600 a month.

15. However I believe that the Plaintiff worked for her board and lodging and some pocket money. The family took her social security payments of $125 per month.

16. I assess the Plaintiff's earnings of pocket money at $300 per month from her evidence. I have allowed for this sum under general damages and made no award under this head.

17. I allow 2% per annum interest on the General Damages from the date of issue of the writ to today and 51% p.a. interest on Special Damages from the date of the accident to today.

(P. Emerson)

Master

Representation:

Director of Legal Aid

Defendant in Person