Chan Chi Keung v. Chan Siu Wai and Another
Read the full judgment text of HCA 3088/1975 on BabelCite. This High Court CFI judgment.
1. This is an assessment of damages upon interlocutory judgment against the 1st defendant, in default of appearance, entered on 26th July, 1976. On 9th September, 1973, the plaintiff, who was then aged 19, was a passenger in a public light bus driven by the 1st defendant, when it turned over at the 7 mile stone, Castle Peak Road.
IN THE SUPREME COURT OF HONG KONG HIGH COURT ACTION NO. 3088 OF 1975 -----------------
----------------- Coram: Mr. Registrar Stapp in Chambers. Mr. P.K.M. Longley of the Legal Aid Department for the plaintiff. 1st defendant in person (absent) Date of Judgment: 28th February 1977. ----------------- DECISION ----------------- 1. This is an assessment of damages upon interlocutory judgment against the 1st defendant, in default of appearance, entered on 26th July, 1976. On 9th September, 1973, the plaintiff, who was then aged 19, was a passenger in a public light bus driven by the 1st defendant, when it turned over at the 7 mile stone, Castle Peak Road. 2. The plaintiff was admitted to Queen Elizabeth Hospital on the same day, and was later transferred to Kowloon Hospital on 12th September, 1973, where he remained until discharged on 29th September, 1973. 3. Dr. Y.N Chow gave evidence as to his initial examination and treatment of injuries. The plaintiff had suffered a degloved injury of both forearms and right wrist. He said that such injuries would have been particularly painful at first, as large areas of both forearms and the wrist were involved. 4. Dr. R.G.M. Wedderburn examined him in May, 1975. He explained that the skin and some underlying tissue was consistent with the plaintiff's arms having been caught against metal and shaved off, as a result of the accident. The most extensive injury was to the left forearm which left an abrasion scar on the lateral side of the forearm, just below the elbow, which was 6" long and 3" broad. The centre of the scar was white in colour, with loss of sweat glands, which was of no consequence as it was over a limited area only. I saw the remaining scar in Chambers, and it is rather unsightly. 5. So far as the right wrist was concerned, Dr. Wedderburn found a scar extending from above the wrist to the base of the thumb and the base of the lateral side of the forefinger, which was 3" long and 1 ½" broad. At the wrist was a 1" band of scar contracture running vertically. The tendon, the Extensor Pollicis Longus (the long extensor of the thumb) was involved, so that the pull of the tendon on the thumb is slightly interferred with, giving him some slight difficulty with this hand. The weakness is due to the effect of the interference of the movement of the long extensor to the thumb. The grip of the left hand exercises a 45 lb pressure and of the right 50 lbs. Dr. Wedderburn assessed his right handed grip before the accident as at least 60 lbs and probably slightly more, as the right hand grip is normally about 30% greater than the left. 6. He still gets occasional pain in the right wrist and this is likely to continue, although not severe pain. He can do practically everything as he could before the accident, but not with the same ease. Whilst he can manage to handle small things such as writing and using chopsticks readily, he does not have the same dexterity when handling large items. The cosmetic effect is minimal. In relation to the plaintiff's former employment, Dr. Wedderburn mentioned that from his experience, ship-yard jobs tend to be very competitive, and that even a slight disability might disqualify one from employment. He assessed the plaintiff's disability at half of one percent, and considered that the slight weakness of the right hand should not affect his earning capacity as a labourer or unskilled worker. He further considered that he could learn to do skilled work involving the use of the right hand. 7. The case of Wong Wai-wan v. Lok Shek-shing etal. (O.J.A. No. 490 of 1970 - Briggs J.; 12/2/71) is referred to at p. 110 of the H.K.L.J. Vol. 5, 1975. The woman plaintiff in that case was hospitalised for 40 days, and had to attend as an out-patient for a considerable period as a result of the accident concerned. The whole of the front of her left leg was scraped from just under the knee to the ankle, and there was a minor fracture of the fibula. There were no residual effects apart from most unsightly scarring. General damages were assessed in the sum of $10,000 in respect of pain, suffering and loss of amenities. 8. Prior to the accident, the plaintiff was employed as an assistant manual worker by the Hip Hing Cheung Shipyard Ltd., earning an average of approximately $1,000 per month, with overtime. The work entailed a certain amount of manual dexterity in handling heavy tools and equipment. The wage for that job has now risen to approximately $1,500 per month, but the job is demanding and the normal age when it is necessary to seek work elsewhere is somewhere between 40 and 50 years. 9. The plaintiff was off work until 17th January, 1974, when he commenced work as a labourer with the Squatter Control branch of Government where he still works. He said that he did not seek re-employment with Hip Hing Cheung Shipyard Ltd., because he did not feel fit enough to do that type of work. The new work does entail occasional heavy lifting, in the course of demolishing illegal structures. 10. He started this employment on a monthly income of $775, and this has now risen to $885 per month, with a normal retiring age of 55. Although he is earning less in his present job, it clearly is less demanding and more secure for a longer working-life span than formerly. 11. I allow the following items claimed as special damages:
12. The total special damages are therefore $4,752. 13. General damages are assessed in the sum of $22,000 of which $12,000 relates to pain, suffering and loss of amenities. $10,000 relates to future loss of earnings resulting from changed employment, after taking into account the normal vicissitudes of life, security of employment, and payment of a lump sum. 14. Interest is awarded on the special damages of $4,752 at the rate of 4% per annum from 9th September, 1973 until 26th July, 1976, and on the general damages of $22,000 at 8% per annum from the date of service of the writ, i.e. 30th May, 1976, until 26th July, 1976. 15. The plaintiff is awarded costs. Date the 28th day of February, 1977.
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