Read the full judgment text of HCPI 000839/2001 on BabelCite. This High Court CFI judgment was delivered on 15 June 2004 before McMahon J.
Personal injury – workplace accident – open-air godown – crane lifting 12-metre iron rods – load lowered onto passing truck, swung and struck plaintiff – fractured left femur – defendants admit liability – apportionment agreed – whether plaintiff contributorily negligent by standing near crane's zone of operation – held no, plaintiff not within working area of crane and could not reasonably have foreseen the manner in which the accident occurred – whether plaintiff failed to mitigate by refusing re-employment as messenger with the 1st defendant at same pay – held yes, refusal unreasonable; both stated reasons (leg pain preventing travel and belief the job was not genuine) rejected; no medical basis for claimed later improvement and plaintiff clearly able to travel extensively – loss of future earnings from 8 December 2000 awarded at nil – quantum of loss of earning capacity – mild residual disability – HK$100,000 awarded as approximately one year's wages reflecting reduced competitiveness in labour market – damages awarded: PSLA HK$250,000 (agreed), pre-trial loss of earnings HK$259,550 (agreed), post-trial loss of earnings nil, loss of earning capacity HK$100,000, special damages HK$23,332 (agreed), less ECC HK$256,721, total HK$376,161 – nisi interest at 2% on general damages from date of writ to judgment and at 4% on special damages from 19 October 1998 to judgment – nisi costs to plaintiff taxed if not agreed.
Legal issues: Whether the plaintiff was contributorily negligent by standing too close to the crane's zone of operation · Whether the plaintiff failed to mitigate his loss by refusing a job offer of messenger with the 1st defendant · Appropriate quantum of damages for loss of earning capacity
Outcome: Judgment for the plaintiff in the agreed sums for PSLA, pre-trial loss of earnings and special damages; nil award for post-trial loss of earnings on the ground of failure to mitigate; HK$100,000 awarded for loss of earning capacity; ECC deduction of HK$256,721 applied; total HK$376,161.00.