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案例分析:後撞前意外 的士乘客受傷 獲賠$26萬

案件編號:DCPI 1696/2014

案件名稱:CHUI WAI KAM MICHELLE v GILLESPIE JOHN THOMAS

法庭:DISTRICT COURT 

主審法官:Deputy District Judge Alfred Cheng in Court

判案書日期 :12 May 2016

個案:On 19 September 2011, the plaintiff was travelling as a passenger on board a taxi on Tsuen Wan Road (Tuen Mun bound).  When the taxi slowed down because the private vehicle at the front reduced its speed, the private vehicle behind the taxi, driven by the Defendant, failed to stop in time.  The defendant’s vehicle rammed into the rear of the taxi, causing the taxi to be pushed forward and collided with the first vehicle at the front (“the Accident”).  The plaintiff was injured as a result. 候車撞前車交通意外,前車為的士,原告人為的士內的乘客

總結: 後車撞前車,令原告受傷,而原告是的士裡面的乘客

原告人職業:The plaintiff was 38 at the time of the Accident. She was a receptionist. 原告人意外發生時38歲,任職接待處文員。

原告人傷勢:

  1. on the next day, i.e. 20 September 2011, she experienced pain in her neck.  She thus went to the Accident & Emergency Department of Yan Chai Hospital (“YCH”).
  2. X-ray showed degenerative changes in her cervical spine, and loss of lordosis.
  3. She was treated and discharged on the same day.
  4. called back to YCH on 24 September 2011, and was admitted to the orthopaedics ward.
  5. The doctors suspected that the retrolisthesis[1] at the C5/6 level of her cervical spine was caused by trauma.  Her condition remained stable, and she was discharged on 28 September 2011.
  6. was given sick leave from 24 September 2011 to 17 February 2012
  7. Although it was suggested to the plaintiff that she should attend for another 1-2 treatment sessions, she did not turn up for treatment.
  8.  The plaintiff also received 7 sessions of occupational therapy at YCH between 7 October 2011 and 15 December 2011.

相關法律原則: Comparing with previous cases,
The Court finds the present case to be falling between Muhammad Saddiq on the one hand, and Leung Siu Ping and Tai Yuk Wong on the other in terms of the seriousness of the injuries and disability.  The Court finds the defendant’s authorities to be less serious, as neurological deficiencies were absent in those cases.

法庭判定的賠償項目:

項目 賠償額  
(1) PSLA 225,000.00
(2) Special damages  28,580.00
(3) Future medical expenses 8000.00
  總計 $ 261,580.00
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