Chu Yuen Ling v. Kwok Chuen and Others

Case No.HCA 1594/1977

Court

High Court CFI

Date—

Judge—

Case Document

100%Judiciary

HCA001594/1977

1977, No. 1594

IN THE SUPREME COURT OF HONG KONG

HIGH COURT

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BETWEEN
	CHU YUEN LING (suing by her elder brother and next friend CHU KWOK LEUNG)	Plaintiff
	and
	KWOK CHUEN	Defendant
	KWOK WING KIN	1st Third Party
	IP SHUN YIN	2nd Third Party

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Coram: Mr. Registrar Stapp in Chambers.

Date of Judgment: 29th September 1977.

Mr. Alfred Law instructed by Bernard Wong & Co. for Plaintiff.

Mr. Wally Yeung instructed by Gallant Y.T. Ho & Co. for Defendant.

Mr. R. Claypole of Haldane & Co. for 1st and 2nd Third Parties.

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DECISION

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1. This is an assessment of damages in respect of personal injuries.

2. On the night of 30th November, 1974, the plaintiff, who was then aged 18, was involved in a road traffic accident. Her head shattered the windscreen of the vehicle driven by her husband, in which she was a passenger, causing multiple lacerations of the face.

3. She was admitted forthwith to Kwong Wah Hospital where the wounds were sutured, and she was discharged four days later. Three months later she had surgery to her left upper eyelid at Kwong Wah Hospital, and in May, 1976 she underwent plastic surgery to her left facial scars at Princess Margaret Hospital.

4. There are still multiple, conspicuous and unsightly scars, mainly on the left side of the face, with assymetry of the eyelids.

5. Dr. I.H. Nicolson, plastic surgeon, describes the remaining scars and gives an opinion as follows:-

"	Eyelids:
	Left:
	There is deformity and disfigurement of the upper and lower eyelid. The left eye appears to be much bigger than the right, due to a slight pull-down of the lower lid and a pull-up of the upper lid from scar contracture. There is a 2mm. defect in the upper eyelashes. The eyelids cannot close fully, when attempting to close there remains a gap of 8mm. through which the white of the eye appears, causing an unsightly appearance.
	There are multiple irregular scars on the upper lid, on the medial aspect of the eye, and on the lower lid.
	Right:
	There is a conspicuous 10mm. raised scar on the upper lid, otherwise the eye is normal.
	Forehead:
	There are 10 noticeable irregular oblique linear scars, ranging from 10 to 40mm. in length, across most of the forehead.
	Left cheek:
	There are multiple unsightly irregular scars over an area of 60 x 60mm. Some are red and raised and are very conspicuous.
	Left upper lip:
	There are several noticeable pale scars on the left upper lip.
	Lower lip:
	There is a noticeable raised scar, 10 x 5 mm. in area, on the lower lip.
	Right cheek:
	On the right cheek there is a noticeable pale depressed scar, 15 x 3mm.
	Left elbow:
	There is a slightly noticeable pale scar, 25 x 5mm. in area on the left elbow.
	Left knee:
	There is a slightly noticeable pale scar, 25 x 6mm. in area, on the left knee.
	Opinion:
	This girl has both a functional and a cosmetic disability from her accident. Her scars are permanent and will not alter significantly with time.
	The fact that the cannot fully close her left eye could lead to recurrent irritation and possibly infection, especially when in a dusty atmosphere.
	Plastic surgery could lessen her disability. Skin grafts would allow the eye to close normally and also make the opening symmetrical with the other eye. The graft, however, will be readily noticeable.
	The scars of the forehead cannot be improved.
	The remainder of the scars about the eyelids and cheek can be improved by about 50 to 75%, but noticeable scars will always be present.
	Two admissions to a hospital would be necessary for the plastic surgery.
	The total cost of plastic surgery, inclusive of hospital charges, would be approximately $14,300."

6. The plaintiff has 2 children aged 3 and 4 years. She is clearly very embarrassed by her scars. Her husband has acted immaturely in criticising her appearance and has generally been boorish in his attitude towards her, since her disfigurement. The children also have been critical of her appearance. As a result of self-consciousness, she feels reluctant to appear in public, and no longer participates in such previous social activities as swimming, bowling and hiking.

7. The unpleasant nature of the accident, together with the depressing aftermath have obviously been most demanding on this unfortunate young woman. The residual scars would naturally loom large in her mind. The plaintiff is anxious to have further plastic surgery from a private practitioner in order to lessen her disability and improve her cosmetic appearance. I think I should start off by allowing the above figure of $14,300 estimated by Dr. Nicolson, as part of general damages.

8. In addition, the plaintiff has obviously suffered considerable pain and suffering and loss of amenities and will continue to be embarrassed by some residual scarring, even after further remedial plastic surgery. Taking all matters into consideration I award the further sum of $15,000 in respect of pain and suffering and loss of amenities, making a total of $29,300 for general damages.

9. Special damages for hospital fees and travelling expenses are agreed in the sum of $56.

10. There will, therefore, be judgment for the plaintiff in the sum of $29,356 together with costs. I award interest on the sum of $56 special damages from the date of accident to date, at the rate of 4% per annum, and interest at the rate of 8% from the date of service of the writ to date on the sum of $15,000, being general damages, relating to pain, suffering and loss of amenities.

11. Dated this 29th September 1977.

	(M.J. Stapp)
	Acting Assistant Registrar

Representation:

Mr. Alfred Law instructed by Bernard Wong & Co. for Plaintiff.

Mr. Wally Yeung instructed by Gallant Y.T. Ho & Co. for Defendant.

Mr. R. Claypole of Haldane & Co. for 1st and 2nd Third Parties.