NG CHUNG WING ALEXANDER, JR v. SIU PIK PU AND OTHERS

BETWEEN

____________

Coram: Master Betts in Chambers

-------------------------

JUDGMENT

-------------------------

1. In August 1980 the Plaintiff was subjected to an unprovoked assault by the Defendants. They attacked him with a broken bottle and a broken glass tumbler, and as a result he suffered lacerations to the face. He was admitted to hospital where the wounds were sutured.

2. After nine months the Plaintiff was examined by Dr Wedderburn who, apart from an infection of the gum and certain teeth, found that the facial injuries had resulted in a continuous circular scar some two inches in diameter by the left corner of the Plaintiff's mouth. He described the scar, as I have observed it, to be red with the tissue inside different in appearance from the same area on the other side of the mouth and of a lighter colour than the rest of the face. It is an obvious disfigurement. This injury is not only cosmetic and is summarised in Dr Wedderburn's report in these wards:-

"On opening his mouth the left side is pulled upwards in a marked manner as compared to the right and the left corner of the mouth also moves upwards in a very distinct difference from the right side of the mouth when he smiles or grimaces. This is due to a paralysis of the circular muscle around the mouth, the orbicularis oris, on the left side. When he opens his mouth and smiles the muscles of the cheek which are normally opposed and held in position by the orbicularis oris overact without counter pressure. This is due to a division of the end nerve fibres running to the orbicularis oris which is semi-paralysed on the left side. He tends to dribble food from the left corner of the mouth when eating and at night his pillow tends to be soaked with saliva."

3. Dr Wedderburn thought there might be some marginal recovery of the orbicularis oris and considered the injury a 3% impairment of the whole man. The Plaintiff's evidence to me some twenty months later is that the condition persists.

4. Consideration has been given to cosmetic surgery and Dr Raymond Wang has advised that the scar can be improved. His estimate of costs in June 1982 was $11,000 and although I have no evidence on the matter would not expect then to be any lower to-day.

5. The main complaint, therefore, of the Plaintiff is not only that his face carries a disfiguring scar of a distinctive shape but that he dribbles food when eating. He told me that he is embarrassed at social gatherings and feels people stare at him. I believe him. He is a comparatively young man, in his early thirties and divorced. He works as a driver both of his employer's car and of a truck.

6. The Plaintiff's claim for special damages was limited to $1,500 for one month loss of earnings and $300 for tonic food. He satisfied me on both items and I allow them in full.

7. On the question of general damages Mr Sujanani referred me to a number of useful precedents with awards for pain, suffering and loss of amenity ranging from $25,000 to $50,000. For reference they were:-

8. I also considered the assessment I made in Cheung Lap Yan and Hedy Chan Ping v Siu Ching Kee and another (No. 1462 of 1979).

9. Mr Sujanani suggested that in the present case the appropriate figure under this head is $30,000. I agree with him and that is the figure I award.

10. I consider it reasonable, and desirable, that the Plaintiff undergo the surgery advised by Dr Wang. That will involve not only the medical fees but loss of earnings. I assess further general damages to cover that in the figure of $14,000.

11. In summary I assess the damages awarded to the Plaintiff as follows:-

12. The special damages will carry interest at the rate of 7% per annum from the date of the injury until judgment. The general damages will carry interest at 14% per annum from the date of the writ until judgment.

13. There will be an order for costs to the Plaintiff with a certificate for counsel and for the Plaintiff's own costs to be taxed under the Legal Aid Regulations.

14. Dated the 9th day of February 1983.

Representation:

Mr Ramesh K. Sujanani instructed by Messrs Peter C. Wong & Cc for the Plaintiff

Defendants unrepresented and absent