會計文員過馬路被撞倒 原告人獲賠$48萬
案件編號:DCPI 1092/2010
案件名稱:TAM OI LIN v SIU HON MING
法庭:DISTRICT COURT
主審法官:H.H. Judge Chow
判案書日期 :10 February 2012
個案:On 13.8.2010 interlocutory judgment was entered in favour of the plaintiff against the defendant in respect of the injuries sustained by her at a traffic accident which occurred on 18.5.2008 when she was knocked down by a private car driven by the defendant.
總結: 原告被被告駕駛的私家車撞倒而受傷
原告人職業:part-time employment as an accounts clerk in a company in Sham Shui Po 原告人任職會計文員
原告人傷勢:
- she suffered a fracture (vertical split) of the right tibial plateau, with medial tibial plateau displaced posteromedially.
- Artificial bone substitute was used.
- She was wheelchair bound for 2 months; then she could do limited walking with the assistance of a rollator for 4 months
- After that she resumed walking with the help of a walking stick for another 2 months.
- A surgery was done in September 2009 to remove the implants. She has a surgical scar over the right knee.
- She attended a total of 32 physiotherapy treatment sessions. Sick leave was granted to 31.12.2008.
- She had a total of 243 days (8.1 months) of sick leave.
相關法律原則:
法庭判定的賠償項目:
項目 | 賠償額 | |
(1) | PSLA | 210,000.00 |
(2) | Loss of earnings for full-time job + MPF + meal allowances | 63,403.5 |
(3) | Special damages | |
(a) | Government Hospital fees | 5,143.00 |
(b) | Acupuncture fees | 78,620.00 |
(c) | Tonic food | 30,195.5 |
(d) | Travelling express | 2,500.00 |
(e) | Future medical expenses | Nil |
(4) | Loss of earning capacity | 100,000.00 |
總計 | $489,862.00 |
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