Lee Siu Ling Irene v. Mak Yim Yu Ube and Another
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DCPI 2054/2008 IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION PERSONAL INJURIES ACTION NO.2054 OF 2008 -------------------- BETWEEN
-------------------- Coram: Registrar S. T. Poon in Court Date of Hearing: 4th August 2009 Date of Delivery of Judgment: 4th August 2009 ------------------------------------------------------------ ASSESSMENT OF DAMAGES ------------------------------------------------------------ 1.The Plaintiff suffered personal injuries in a traffic accident occurred in September 2005. Her vehicle was bumped at the back by a light goods vehicle driven by the 2nd Defendant. The 1st Defendant was the owner of the light goods vehicle. Interlocutory judgment was entered against the 1st and 2nd Defendants with damages to be assessed. This is the assessment of damages. 2.The Plaintiff gave evidence in court. At the time of the accident, she was 41 years old and on probation with a company by which she was employed as a financial manager. Her monthly salary was HK$10,000. 3.I have no doubt about the credibility of the Plaintiff as a witness and I accept her evidence in full. 4.According to the Plaintiff and as revealed by the medical evidence, the Plaintiff suffered neck sprain, right buttock and right ankle injuries as a result of the accident. She was treated by Tuen Mun Hospital and was granted 10 days’ sick leave in total. Thereafter, she consulted Dr. Wong Chu Kai and was granted another 28 days’ sick leave in total. On examination, the Plaintiff complained of tenderness and stiffness at her neck and tenderness at her right shoulder blade, right buttock near ischial spine and right lateral melleolus. The diagnosis was neck sprain and she was given potent anti-inflammatory drugs. 5.The Plaintiff also sought acupuncture treatment to relieve pain. 6.In May 2007, because of persistent pain at her neck and right leg, the Plaintiff sought treatment again from Dr. Wong. Examination showed tender neck, right buttock and right lateral melleolus with edema. There was tenderness at right ankle on planter-flexion. Another 14 days’ sick leave was granted. 7.According to the Plaintiff, since after the accident she was unable to stand and walk as long as she used to be. She had just given birth to her baby a few months before the accident and the injuries caused her difficulties in looking after her. During the initial months after the accident, she could not sleep well and the situation improved only in December 2005. The worry of losing her job also caused extra anxiety on her. Now, she has to give up activities involving prolonged walking like hiking and playing with her daughter. PSLA 8.Miss Chiu, solicitors of the Plaintiff, referred me to 4 authorities[1] relating to neck injury for my reference. In my view, the injury of the Plaintiff is similar to the plaintiff in Chan Chun Wa and Siu Leung Shang Peter. However, taking into account the personal circumstances of the Plaintiff, particularly the fact that she had just given birth to a baby and the lasting effect of her leg injury, the amount of HK$80,000 is in my view the proper amount to be awarded under this head. Pre-Trial Loss of earnings 9.As revealed by the tax return from the Plaintiff’s employer, she was not paid any salary in the sick leave period between 24 September 2005 and 31 October 2005 as she was still on probation. An amount of HK$12,000 should be awarded to reflect the loss. Special Damages 10.I am satisfied that medical and travelling expenses are properly incurred. However, as according to the Plaintiff’s evidence, the taxi fares incurred during the time when her vehicle was not available were in fact travelling expenses for seeking medical treatments, there is an overlapping between the items of travelling expenses and loss of use. Furthermore, I am of the view that the amount of HK$5,000 for tonic food is a bit excessive. In the circumstances, anamount of HK$18,390[2] is awarded under this head. Summary
Order 11.Judgment be entered against the 1st and 2nd Defendants in favour of the Plaintiff in the sum of HK$110,390.00 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. 12.Costs of the assessment of damages be to the Plaintiff to be paid by the 1st and 2nd Defendants by Summary Assessment at HK$79,010.
Ms. Chiu Wai Hing of Messrs Henry Chiu & Partners for the Plaintiff. 1st Defendant in person absent. 2nd Defendant in person present. [1] Chan Chun Wa v. Wong Chiu Yuen Andrew, DCPI No.235 of 2007, Chan Mei Hing & other v. Lam Kok Heng, HCPI No.786 of 2004, Ho Pui Ling v. Ng Cheuk Yan Marina, DCPI No.2060 of 2007 and Siu Leung Shang Peter v. Chung Wai Ming, HCPI No.143 of 2006. [2] Medical expenses: $4,140, Tonic food: $3,000, Travelling expenses: $1,050 and Repair costs: $10,200. |