Sung Wai Fan v. Chan Yin Min

HCA003527/1977

Coram: Zimmern, J.

Date of Judgment: 8 May 1978

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JUDGMENT

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1. The plaintiff, a married woman with six children was injured in a motor accident 10th April 1976 when aged 39. She was then a teacher of Chinese shadow boxing.

2. The parties have agreed that the driver was negligent and that the plaintiff contributed to her own damage to her own damage to the extent of 35%. They have further agreed the net sum (i.e. after deduction of 35% for contributory negligence) of $6,500 for special damages and $33,500 for loss of prospective earnings. The Court was asked (a) to assess and award damages for pain and suffering and loss of amenities and (b) interests on any of the sums.

3. After the accident she was admitted to Queen Mary Hospital where upon examination injuries to her pelvis was found. First there was a fracture dislocation of the right pubic symphysis with a upward shift of the right pelvis. Second fracture of right transverse process of sarcrum. To pull the right pelvis bone back into alignment she was treated conservatively with skeletal traction. This entailed inserting a pin through her leg and loading a 20 1b. weight thereon. It was a most painful form of treatment and even with treatment of painkilling drugs she could tolerate it for 3 weeks only. The traction was stopped and the right pelvis bone remains out of alignment and this will be permanent. The fractures healed naturally. She was in Queen Mary Hospital for 4 weeks after which she spent 2 weeks at Sandy Bay Convalescent Hospital.

4. She appeared before a Medical Board consisting of three doctors on 25th November 1977 to whom she complained of constant pain at the symphysis pubis and severe dyspareunia i.e. discomfort and pain on coitus. She was examined by Dr. Harry Fang in 1978. Three doctors gave evidence on her behalf namely Dr. S.C. Bong from Queen Mary Hospital Dr. David Fang of the Medical Board and Dr. Harry Fang. They were of one mind. By reason of her injuries she will suffer constant pain at the symphysis pubis even when at rest. She will suffer pain which will grow progressively worse in the low back. This is due to the fracture of the right transverse process of sarcrum and its proximity to the spine. The weight bearing joint was damaged though fortunately the spine was not. Dr. David Fang told the Court the pain from intercourse is due to arthritis as a result of her injuries and thought this pain could perhaps be modified by changes of position in intercourse. She told Dr. Harry Fang that she now dreaded the idea of intercourse.

5. She told the Court of all the pains which I have set out above. She used to take 6 painkilling pills daily but as they were affecting her stomach she has reduced the dosage to 4. She tires easily. Her pains are persistent and she cannot sit upright. She finds it difficult to do her household work and relies on her husband and children to help. Before her accident she often used to take her children for picnics which she now cannot do. Having seen her as a witness I am of the opinion that she is a courageous woman who will not complain lightly. The manner in which she said that there were other matters she finds embarrassing for mention was convincing. She has suffered pain and will for the rest of her life suffer pain. She has certainly lost amenities, her shadow boxing (here I am not speaking of her income therefrom), her picnics with the children. She was obviously an outdoor type of person, now no more. I assess and award damages for pain and suffering and loss of amenities at $70,000. With her own contribution of 35% this makes it $45,500. There will be judgment for the plaintiff with costs in the sum of $85,500 with interest at 4% per annum on the sum $6,500 from 10th April 1976 to to-day.

Representation:

Wally Yeung (H.M. So & Co.) for the plaintiff

Lester Kwok (Kenneth K.C. Wong & Co.) for the defendant