Lai Wing Jeung v. Ho Ying Kan and Another

Case No.HCA 779/1969

Court

High Court CFI

Date—

Judge—

Case Document

100%Judiciary

HCA000779/1969

IN THE SUPREME COURT OF HONG KONG

ORIGINAL JURISDICTION

ACTION NO. 779 OF 1969.

BETWEEN
	LAI WING JEUNG, an infant though his next friend LAI WAI	Plaintiff
	and
	HO YING KAN	1st Defendant
	MUI KAM	2nd Defendant

Coram: Mr. B.L. Jones, Assistant Registrar, Supreme Court, in Chambers.

Date of Judgment: 23rd July, 1970.

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JUDGMENT

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1. This is an assessment of damages in favour of the Plaintiff an infant who sues by his father and next friend in respect of personal injuries that he suffered as a result of a road traffic accident that occurred on the 13th July, 1968.

2. Judgment by consent was obtained by the Plaintiff on the 29th May, 1970 against the 2nd Defendant and the question of damages was referred to the Registrar of the Supreme Court for assessment.

3. The Plaintiff had given an undertaking that he will not proceed against the 1st Defendant having regard to Order 37 Rule 3 of the Rules of the Supreme Court.

4. The Plaintiff was aged eleven at the time of the accident and was walking on the pavement at Tonkin Street, Cheung Sha Wan Road, Kowloon when he was knocked down by a public car driven by the 2nd Defendant.

5. Special damages have been agreed at the sum of $3,186.

6. Dr. Au Yeung Bun gave evidence on behalf of the Plaintiff and produced two medical reports dated the 16th December, 1968 and 21st May, 1969 which have been agreed.

7. The Plaintiff suffered the following injuries:

	1.	Scattered abrasions over right hand with a laceration of 1" at right wrist.
	2.	Laceration 4 1/2" deep muscle torn over anterior lower half of right leg.
	3.	Laceration 6" long muscle torn over lateral lower 1/3rd right leg.
	4.	Laceration2" long over posterior lower 1/3rd right leg.
	5.	Small abrasion about 1" over forehead.
	6.	Fracture right olecranon process.
	7.	Fracture right ulna and radius.

8. An X-Ray revealed that the Plaintiff had a fracture of the right ulna and radius and a fracture of the right olecranon process.

9. The lacerated wound of the right leg was sutured and the fracture of the right ulna, radius and olecranon process was done under general anaesthesia for close reduction and suturing.

10. The abrasion over the Plaintiff's forehead has healed completely.

11. The Plaintiff was knocked unconscious when the accident occurred but recovered consciousness at the scene after which time he was taken to the Kwong Wah Hospital. The Plaintiff remained in hospital for a period of two months and was discharged on the 10th September, 1968.

12. On the 13th May, 1969 the Plaintiff attended before a Medical Board where it was found that the Plaintiff was suffering from weakness of the right calf muscle with limitation of dorsi-flexion of the right ankle, limitation of movements and varus deformity of the right elbow. The Board assessed the Plaintiff's permanent disability at 20 per cent.

13. Dr. Au gave evidence with regard to the operation that was performed upon the Plaintiff and confirmed the details of the injuries suffered as set out in the medical reports that he produced.

14. The Plaintiff's father gave evidence that his son was very active before the accident in that he played football and table tennis but now he is unable to pursue these activities. He said that the Plaintiff does not now see his friends. He stated that his son comes between first to fourth in his class and has a scholarship at the Maryknoll Fathers' School. Immediately after the accident the Plaintiff's scholastic ability dropped a little but afterwards reverted to normal.

15. The Plaintiff said that he was born on the 8th October, 1957 and he is therefore now aged 12 3/4.

16. Last term at school the Plaintiff came fourth in his class out off ninety pupils.

17. The Plaintiff is unable to move his right arm well and cannot lift heave objects with his right hand. He said that his right leg and ankle feels weak and this was apparent when I observed him walking down the passage of the top floor of the Supreme Court. As described in the medical report the injuries have resulted in a very bad disfigurement of the Plaintiff's right arm and right leg down to the ankle. The Plaintiff said that before the accident he used to play football, table tennis and swimming but is now unable to pursue these sport. The Plaintiff is right-handed.

18. The Plaintiff in evidence said that he still feels embarrassed with regard to his disfigurement which is conspicuous to other people. At school the Plaintiff has to wear shorts but when he is away from school he wears long trousers.

19. The Plaintiff said that he would like to become a doctor and hopes to go to University.

20. When the Plaintiff is seated he has no pain in either his arm or his leg but when he exercises the arm or when he has been walking for some distance he suffers pain and also fatigue. The Plaintiff walks with a slight limp and is unable to walk as fast as he would have been able to before the accident.

21. The Plaintiff has suffered a great deal of pain and he will be unable for the rest of his life to play football, to swim, or to indulge in other sporting activities. He can no longer run and he has a serious disfigurement of his right arm, right hand and right leg.

22. In all the circumstances I shall award the sum of $25,000 as general damages in addition to the agreed special damages of $3,186 making a total of $28,186.00.

23. The damages are to be paid into Court within seven days and there will be an order for payment out to the next friend of the Plaintiff for the sum of $3,186.00 in respect of the special damages. The general damages of $25,000 will be invested by the Registrar in such manner as he shall think fit.

24. There will be a certificate for Counsel.

	B.L. Jones,
	Assistant Registrar, Supreme Court.

Date: 23rd July, 1970.

Representation: