Fung Siu Fun v. Li Lung and Another
Read the full judgment text of HCA 538/1977 on BabelCite. This High Court CFI judgment.
1. This is an assessment of the plaintiff's damages for injuries which she suffered after having been knocked down by a taxi owned by the first defendant and driven by the second defendant. The accident occurred on 8th March, 1975 in Wong Nei Chung Road.
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HCA000538/1977
IN THE SUPREME COURT OF HONG KONG HIGH COURT -----------------
----------------- Coram: Mr. Registrar O'Dea in Chambers. Date of Judgment: 26th July 1977. Mr. Patrick Woo instructed by Raymond Tang & Co. for Plaintiff. 1st Defendant - in person. 2nd Defendant - absent. ----------------- DECISION ----------------- 1. This is an assessment of the plaintiff's damages for injuries which she suffered after having been knocked down by a taxi owned by the first defendant and driven by the second defendant. The accident occurred on 8th March, 1975 in Wong Nei Chung Road. 2. Interlocutory judgment was entered against the first defendant on 30th March, 1977 and against the second defendant on 18th May, 1977. 3. After the accident the plaintiff was initially admitted to Tang Shiu Kin Hospital but was later referred to Queen Mary Hospital where she remained for three months. After her discharge she was transferred to Sandy Bay Convalescent Home and was finally able to return to her home on 12th September, 1975. 4. Prior to her accident the plaintiff was employed as a school teacher. She is single and at the date of the accident was aged 55 years. She lives on her own in Kowloon. 5. The injuries suffered by the plaintiff can be considered in three categories:-
6. The injuries to the skull consisted of a haematoma over the occipital area and a laceration over the back of the scalp. These injuries have now abated although there is some slight tenderness reported by Dr. R.G.M. Wedderburn when pressure is applied to the scar. The plaintiff complains of occasional headaches and a loss of concentration with some lapses of memory. These complaints, I was told, are not uncommon after head injuries such as were received here and they have been described in the medical reports submitted as "mild post-concussion syndrome". At most they will be of annoyance to the plaintiff in her day to day life but their consequences on her ability to continue her employment as a school teacher can be considered later. The fractures of the left pelvic bone have been described in some detail by Dr. Harry S.Y. Fang. Suffice to say that they were serious and required a lengthy period of skeletal traction. They have now united but there is some displacement which will result in permanent discomfort and pain if she should walk or stand for too long. All the medical opinions agree that the plaintiff will undergo osteo-arthritic changes which will further deteriorate her condition. 7. The fracture of the right femur was treated with open reduction and internal fixation by a long metal plate secured by six screws. The fracture united with good alignment but will result in permanent stiffness particularly to the right knee. 8. Dr. Fang has assessed her disability at 20% while Dr. Wedderburn has come to a lesser figure of 14%. It is fair to note that Dr. Fang has had the advantage of examining the plaintiff on three separate occasions, the last being only a week prior to the hearing. Dr. Wedderburn, after his examination in September 1976, reported that he found it impossible to predict future progress. It is now apparent from Dr. Fang's latest findings that the expected improvement has not been forthcoming and her condition has stabilised. General Damages (a) Pain, Suffering and Loss of Amenities 9. The injuries to the head have left the residual complaints of headaches and loss of concentration. While the plaintiff has not suggested that they are serious, nevertheless, they must be a source of constant discomfort. She has described her inability to read for any longer period than thirty minutes and her confinement to the house as being very boring. I accept this particularly in view of the active life she led as a full-time school teacher prior to the accident. 10. Dr. Fang has described the lengthy period the plaintiff spent under traction as a most painful experience. She is now unable to stand for any lengthy period without feeling discomfort and the injuries to the lower part of her body restrict her ability to undertake many simple household tasks. I am satisfied on the medical evidence before me that the plaintiff's condition will deteriorate with the onset of osteo-arthritis and the plaintiff will have to accept that she will be a partial cripple for the rest of her life. Bearing this in mind and having regard to other awards in this jurisdiction and to some extent awards for similar injuries in England, damages under this head are assessed at $50,000.00. (b) Loss of Future Earnings 11. Evidence was adduced that prior to the accident the plaintiff was in receipt of a monthly income of $1,020.00. Since the accident she has been unable to return to full-time teaching. While there is some medical conflict as to whether she could ever resume her former occupation, I am satisfied that this would only be possible if special arrangements were made. Because of her inability to concentrate for lengthy periods she would have to be rested during the school day at frequent intervals. Provision would also have to be made to avoid having her stand for any lengthy period or walk or climb stairs. While it might be possible to make these special arrangements I do not consider it likely that any school would employ her on those terms. 12. The plaintiff has advertised her services as a private tutor without success and perhaps the only bright spot on the horizon is an offer from the school where she formerly taught to employ her in a clerical capacity as soon as a vacancy arises. The salary mentioned is $550 p.m. and she expressed the hope that she would be able to commence such employment at the end of the summer. 13. Because of the obvious goodwill which exists between this school and the plaintiff I am confident that this employment will become a reality. The assessment of loss of future earnings must reflect this probability. 14. The plaintiff is now 57 years of age and but for the accident intended to work until the age of 65. However, allowance must be made for the usual contingencies and as a general basis for assessing damages under this head I have adopted a multiplier of 5. 15. There is the slight uncertainty as to her future employment and I also take into account that this employment will not commence until, at the earliest, September, 1977. I have come to the conclusion that the proper figure for damages for loss of future earnings should be $35,000.00. (c) Future Cost of Home Help 16. As the plaintiff is single and lives alone she claims that her inability to perform numerous household tasks requires the future employment of a part-time amah at $300 per month. 17. Medical opinions do support her evidence that there will always be difficulties faced by the plaintiff when she attempts to lift heavy objects or climb stairs. These will be aggravated when her condition deteriorates due to the expected osteo-arthritic changes. Dr. Fang gave evidence that it would not be possible for the plaintiff to manage alone without some assistance. 18. Taking into account her age and other contingencies I assess damages under this head at $10,000.00. 19. Total general damages are $95,000.00. Special Damages (a) Loss of Salary 20. Having accepted that the plaintiff was unable to resume any form of employment up until the present time, I will award her damages under this head at $1,020 per month from 1st April, 1975 to 1st July, 1977. (b) Medical Expenses 21. Receipts produced support hospital expenses incurred of $182.00. The plaintiff has also claimed fees paid with respect to medical reports obtained in connection with this assessment. These fees should not be claimed under general damages but should form part of the costs to be taxed. A further claim for $81 for purchasing medicine will be allowed. (c) Travelling Expenses 22. These are claimed with respect to her frequent visits to hospital as an out-patient between September 1975 and November 1977. The plaintiff has listed the number of journeys made in a notebook which involves nearly 70 trips costing $5 each. Although it was not possible for these expenses to be supported by any form of receipt I accept the plaintiff's evidence and will allow $330.00 under this head. (d) Servant's Wages 23. After her release from hospital the plaintiff employed a full-time amah from the 12th September, 1975 to act as house-keeper and nurse while she recovered from her injuries. This arrangement continued until 30th January, 1977 when the plaintiff felt able to manage with part time assistance. As indicated, I am completely satisfied that the need to employ home help was fully justified and arose directly as a consequence of her injuries. This claim will be allowed in full. 24. Special damages are as follows:-
25. Interest is allowed on the special damages at 4% from the date of the accident and at 8% on general damages from the date of service of the writ, namely 18th March, 1977. 26. The plaintiff shall have her costs with a certificate for counsel on this assessment. 27. Date this 26th day of July, 1977.
Representation: Mr. Patrick Woo instructed by Raymond Tang & Co. for Plaintiff. 1st Defendant - in person. 2nd Defendant - absent. |