WONG HEI CHUN v. CHONG MING SHIH
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DCPI 429/2004
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
PERSONAL INJURIES ACTION NO. 429 OF 2004
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| BETWEEN | ||
| WONG HEI CHUN（王希真） | Plaintiff | |
| and | ||
| CHONG MING SHIH（莊銘） | Defendant |
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Coram: H.H. Judge Wong in Court
Date of Hearing: 10th September 2004
Date of Delivery of Judgment: 30th September 2004
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JUDGMENT
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Plaintiff’s Claim
1. The Plaintiff was injured by the Defendant on 30th January 2001 when he used a hammer to knock on the door of the Plaintiff’s room. The hammer hit the Plaintiff’s right eye. As a result she suffered injuries. The Plaintiff now claims for damages arising out of this incident.
2. Defendant appeared for assessment of damages.
Injury & Disabilities
3. As a result the Plaintiff suffered the following injuries:-
(1) right peri-orbital bruise;
(2) the visual acuity of the right eye was light perception;
(3) hyphaema (blood in the anterior chamber of the eye);
(4) raised intra-ocular pressure.
4. She now suffers the following disabilities:-
(1) blurring of vision in the right eye;
(2) photophobia (undue sensitivity to light), occasional discomfort and discharge from the right eye;
(3) the visual acuity was 6/18 (70% of normal);
(4) overall visual impairment of the right eye: 50%;
(5) 13% impairment of the whole visual system;
(6) 12% impairment of the whole person.
Plaintiff’s pre-injury earning
5. The Plaintiff was 58 years of age at the time of the injury earning $6,550 as a cashier at Vinci Park Services HK Ltd. with $327.50 MPF. She was granted sick leave for 2 months and 7 days and was dismissed on 30th March 2003.
6. She received $3,165.00 from Social Welfare Department since 26th August 2003.
PSLA
7. The nearest case similar to the Plaintiff’s present disability is Kwan Shek Sang v. Chan Kam Wah [2003] 2 HKLRD 967 in which the Plaintiff was found to have a metallic foreign body embedded in the left half of the right cornea. Examination revealed a right corneal paraxial scar, and the vision of the right eye was 6/12. The permanent visual impairment of the eye was 15%. Further, it was noted that Plaintiff suffered a corneal opacity in the right eye. The best corrected central vision of that eye was 20/80, the impaired peripheral vision suggested that half of the left visual field was missing, and there was also impaired colour vision. PSLA was fixed at $280,000.
Loss of Earning
| 8. | (i) | Sick Leave |
| She was paid 4/5 of her salary during her sick leave of 2 months and 7 days. Her loss during the sick leave period is therefore $(6,550 x 1/5 x 2 7/30 months) = $2,925.00. | ||
| (ii) | Loss of earning from 30th March 2003 to date of hearing is $(6,550 x 5 months) + [(6,550 – 3,165) x 12 months] = $32,750 + 40,620 = $73,370. |
The total loss of earning is therefore $(2,925 + 73,370) = $76,295.00.
Medical & Travelling Expenses
| 9. | (i) | medical | $4,000 |
| (ii) | traveling | $1,980 | |
| Total | $5,980 |
Loss of Future Earnings
10. Since she is now 61, although she said she could work until 65 I adopt a multiplier of 2.
11. The loss of future earning is therefore $[(6,550 x 1.05) – 3,165] x 24 = $89,100.
Future Medical Expenses $13,000
12. Damages for the Plaintiff is therefore assessed at:-
(i) PSLA $280,000 Interests at 2% p.a. $280,000 x 2% x 10/12 = $5,600 x 10/12 = $4,667.00 (ii) Loss of earnings $76,295 (iii) Medical & traveling $5,980 Interest on special damages $(76,295 + 5,980) x 4% x 3 7/12 + $3,291 x 3.583 = $11,791.00 (iv) Future medical $13,000 Total $(280,000 + 4,667 + 76,295 + 5,980 + 11,791 + 89,100 + 13,000) = $480,833.00
13. Costs to the Plaintiff. Certificate for Counsel.
14. Plaintiff’s own costs to be taxed in accordance with Legal Aid Regulations.
| Wesley Wong | |
| District Judge |
Mr. Simon H.W. Lam instructed by Messrs. David Hui & Co. assigned by D.L.A. for the Plaintiff
Defendant: Chong Ming Shih（莊銘）, in person, present.