Wong Hei Chun v. Chong Ming Shih

DCPI 429/2004

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

PERSONAL INJURIES ACTION NO. 429 OF 2004

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Coram: H.H. Judge Wong in Court

Date of Hearing: 10^th September 2004

Date of Delivery of Judgment: 30^th September 2004

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JUDGMENT

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Plaintiff’s Claim

1.The Plaintiff was injured by the Defendant on 30^th January 2001 when he used a hammer to knock on the door of the Plaintiff’s room.  The hammer hit the Plaintiff’s right eye.  As a result she suffered injuries.  The Plaintiff now claims for damages arising out of this incident.

2.Defendant appeared for assessment of damages.

Injury & Disabilities

3.As a result the Plaintiff suffered the following injuries:-

(1)               right peri-orbital bruise;

(2)               the visual acuity of the right eye was light perception;

(3)               hyphaema (blood in the anterior chamber of the eye);

(4)               raised intra-ocular pressure.

4.She now suffers the following disabilities:-

(1)               blurring of vision in the right eye;

(2)               photophobia (undue sensitivity to light), occasional discomfort and discharge from the right eye;

(3)               the visual acuity was 6/18 (70% of normal);

(4)               overall visual impairment of the right eye: 50%;

(5)               13% impairment of the whole visual system;

(6)               12% impairment of the whole person.

Plaintiff’s pre-injury earning

5.The Plaintiff was 58 years of age at the time of the injury earning $6,550 as a cashier at Vinci Park Services HK Ltd. with $327.50 MPF.  She was granted sick leave for 2 months and 7 days and was dismissed on 30^th March 2003.

6.She received $3,165.00 from Social Welfare Department since 26^th August 2003.

PSLA

7.The nearest case similar to the Plaintiff’s present disability is Kwan Shek Sang v. Chan Kam Wah [2003] 2 HKLRD 967 in which the Plaintiff was found to have a metallic foreign body embedded in the left half of the right cornea.  Examination revealed a right corneal paraxial scar, and the vision of the right eye was 6/12.  The permanent visual impairment of the eye was 15%.  Further, it was noted that Plaintiff suffered a corneal opacity in the right eye.  The best corrected central vision of that eye was 20/80, the impaired peripheral vision suggested that half of the left visual field was missing, and there was also impaired colour vision.  PSLA was fixed at $280,000.

Loss of Earning

The total loss of earning is therefore $(2,925 + 73,370) = $76,295.00.

Medical & Travelling Expenses      

Loss of Future Earnings

10.Since she is now 61, although she said she could work until 65 I adopt a multiplier of 2. 

11.The loss of future earning is therefore $[(6,550 x 1.05) – 3,165] x 24 = $89,100.

Future Medical Expenses      $13,000

12.Damages for the Plaintiff is therefore assessed at:-

(i)	PSLA $280,000
	Interests at 2% p.a. $280,000 x 2% x 10/12
	= $5,600 x 10/12 = $4,667.00
(ii)	Loss of earnings $76,295
(iii)	Medical & traveling $5,980
	Interest on special damages
	$(76,295 + 5,980) x 4% x 3 7/12 + $3,291 x 3.583 = $11,791.00
(iv)	Future medical $13,000

Total $(280,000 + 4,667 + 76,295 + 5,980 + 11,791 + 89,100 + 13,000) = $480,833.00

13.Costs to the Plaintiff. Certificate for Counsel.

14.Plaintiff’s own costs to be taxed in accordance with Legal Aid Regulations.

Mr. Simon H.W. Lam instructed by Messrs. David Hui & Co. assigned by D.L.A. for the Plaintiff

Defendant: Chong Ming Shih（莊銘）, in person, present.