Read the full judgment text of HCPI 144/2009 on BabelCite. This Court of First Instance judgment was delivered on 2 November 2010 before Bharwaney J.
Tort – personal injuries – negligence – slip and fall at workplace – textile weaving factory – yarn fragment on factory floor – vicarious liability of employer for negligence of machine attendant – contributory negligence – quantum – PSLA – loss of earning capacity – global award – pre-trial loss of earnings – joint expert report – clarification procedure – admissibility of medical opinion on percentage loss of earning capacity – distinction between common law damages and Employees' Compensation Ordinance assessment – plaintiff supervisor slipped on a waxed yarn fragment about the size of a tennis ball in the 30-inch gap between machines Nos. 113 and 120 at the defendant's Tai Po factory at about 8:15 a.m. on 29 June 2006 – machine attendant negligently caused or permitted the fragment to fall on the floor – defendant vicariously liable – night-shift cleaning system not negligent – plaintiff not contributorily negligent – proper procedure for clarification of single joint expert report: consent of other party first, then PI Master summons if no consensus, guided by §84 of PD18.1 – expert opinion on percentage of loss of earning capacity not admissible or helpful in common law assessment though admissible in Employees' Compensation Ordinance proceedings – PSLA assessed at $300,000 reflecting 8% whole-person permanent impairment and pre-existing degeneration – loss of earning capacity awarded on global basis of $200,000 as the plaintiff's income loss was caused by redundancy and relocation of factory to China not by the accident, but his injury disabled him from heavy manual labour – pre-trial loss of earnings of 18 months at $15,088 per month plus 5% MPF giving $285,163.20 – other special damages $28,000 – interest awarded – total award subject to deduction of employees' compensation of $390,698.34 – costs nisi to plaintiff on District Court scale.
Legal issues: Vicarious liability for machine attendant's negligence in disposing of yarn fragment · Negligence in failing to provide night-shift cleaners / safe system of cleaning · Contributory negligence of plaintiff · Admissibility of medical opinion on percentage of loss of earning capacity in common law actions · Proper procedure for seeking clarification of joint expert report · Assessment of PSLA for back injury with pre-existing degeneration · Loss of earning capacity – global award for redundancy-caused income loss · Pre-trial loss of earnings period for disc injury not just soft tissue injury
Outcome: Judgment for the plaintiff on liability against the defendant; damages awarded as set out, less employees' compensation already received by the plaintiff.
Cited by 9 cases · Cites 2 cases