Chan Shui Wo v. Ng Ho Lam and Another
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DCPI 2616/2008 IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION PERSONAL INJURIES ACTION NO.2616 OF 2008 -------------------- BETWEEN
-------------------- Coram: Registrar S. T. Poon in Court Date of Hearing: 30th July 2009 Date of Delivery of Judgment: 30th July 2009 -------------------------------------- ASSESSMENT OF DAMAGES -------------------------------------- 1.The Plaintiff is a welder by profession. In the course of his employment he stepped onto a 3 inches long iron nail and suffered injuries on his left foot. He sues the 1st Defendant, as his employer, for negligence. 2.Interlocutory judgment has been entered against the 1st Defendant leaving damages to be assessed. The 1st Defendant did not appear in previous hearings and did not file any document or witness for this purpose. He has not appeared today but I am satisfied that proper service has been effected on him. 3.The Plaintiff gave evidence and adopted his witness statement as evidence-in-chief. I am satisfied that he is an honest witness. 4.He is now 52 years old. At the time of the accident, he was 48. 5.After the accident he had undergone 2 operations on his left foot requiring general anaesthesia. A total of 102 days of sick leave were granted. After the sick leave period (10th January 2006 to 21st April 2006), the Plaintiff was only able to resume work in about June 2006. According to the Plaintiff, he is now suffering from residual pain at his left foot which causes him less able to perform his job as a welder. He becomes easier to get tired, less efficient, and he will even hurt himself at work because of his inability to maintain a proper gesture when he is working. At the witness box, he showed me his arms which bear many scars apparently caused by burning. 6.He is now unable to jog in the morning as what he has been enjoying before the accident. 7.Before the accident, the Plaintiff earned an average income of HK$14,530.42 per month. I am satisfied that this amount reflects the actual income of him. PSLA 8.Miss Chan, solicitors of the Plaintiff referred me to 4 authorities[1] relating to foot injury for my reference. In my view, although the injury of the Plaintiff is not as serious as the plaintiff in Ng Wah Chun and Leung See Ning Clara, the amount of HK$120,000 claimed by him is not in anyway excessive taking into account his circumstances. HK$120,000 is therefore awarded under this head. Pre-Trial Loss of earnings and MPF 9.I accept that the Plaintiff is entitled to the loss of earning during the sick leave period as well as the period as was reasonably necessary for him to find a new employer. The sum of HK$68,777.23[2] is awarded accordingly. The loss of MPF is therefore HK$3,438.87. Special Damages 10.I am satisfied that the expenses claimed by the Plaintiff are properly incurred. The amount of HK$5,810[3] is awarded under this head. Loss of Earning Capacity 11.In view of the effect of the Plaintiff s injury on his ability to work as mentioned in Paragraph 4 above, I am satisfied that his has suffered a disadvantage in competing in the labour market of his field. An amount of HK$80,000 would be a fair reflection of such disadvantage taking into account also the Plaintiff s age. Post-trial Loss of MPF 12.There should not be any such award as no Post-trial loss of earning has been claimed or awarded. Summary
Order 13.Judgment be entered against the 1st Defendant in favour of the Plaintiff in the sum of HK$278,026.19 together with interest on general damages at 2% per annum from the date of Writ to the date hereof and thereafter at judgment rate until payment and interest on special damages at half judgment rate from the date of accident to the date hereof and thereafter at judgment rate until payment. 14.Costs of the assessment of damages be to the Plaintiff to be paid by the 1st Defendant to be taxed if not agreed.
Miss K. L. Chan of Messrs Yip, Tse & Tang for the Plaintiff. 1st Defendant in person absent. [1] Ng Wah Chun v. Cheng Wing Chung & Others, HCPI No.164 of 2001, Leung See Ning Clara v. Shun Tak Property Management Ltd., DCPI No.625 of 2003, Chan Kam Pui v. Wong Siu Hung and Ka Wai Motors Limited, DCPI No.1920 of 2006 and Ko Chi Kei v. Funing Property Management Limited, DCPI No.1228 of 2007. |