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對方未在讓線停車引致相撞 的士司機獲賠 19萬

案件編號:DCPI 2489/2013

案件名稱:KWAN WING LEUNG v FUNG CHI LEUNG & MENTEX ENGINEERING LIMITED

法庭:DISTRICT COURT

主審法官:Deputy District Judge Anthony Chow in Court

判案書日期 :24 July 2014

個案:

On 11.8.2010, the plaintiff was driving the Taxi along the northeast bound lane of Wang Yip Street West.  Upon reaching the junction of Hong Yip Street, a junction controlled by a give-way sign and road marking on the Hong Yip Street side, D1 driving the LVG suddenly emerged into the junction and cut into the path of the Taxi. 

Due to the short distance, the plaintiff was unable to stop the Taxi in time and collided into the LGV.

On 25.10.2010, D1 pleaded guilty to and was convicted of the offence of careless driving due to this accident.

The collision was caused by the negligence of D1 and, as his employer D2 is vicariously liable for D1’s negligence.

總結: 被告駕駛輕型貨車,有未在讓線停車,讓大路上行駛中的的士收制不及撞上,的士司機受傷。

原告人職業:The plaintiff was 66 years old at the time of the accident 原告人的士司機案發時66歲。

原告人傷勢:

  1. Immediately after the collision, he felt pain over his neck and upper back and was brought to Pok Oi Hospital. 
  2. transferred to the Department of Orthopaedic & Traumatology
  3. Persistent pain on neck and upper back
  4. Persistent pain on right arm
  5. Range of rotation of neck limited by pain
  6. 23 months sick leave

法庭判定的賠償項目:

項目 賠償額  
(1) PSLA 120,000.00
(2) Loss of earning (sick leave) 67,500.00
(3) Special damages 8,747.00
  總計 $196,247.00
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