案件名稱：KONG KAN YING v LI MAN KWONG
法庭：COURT OF FIRST INSTANCE
主審法官：Deputy High Court Judge Wilson Chan in Court
判案書日期 ：17 October 2014
個案：This case concerns the plaintiff’s claim for damages for personal injuries suffered as a result of a traffic accident which happened at around 9:00 am on 19 January 2011, when the defendant was driving his private vehicle HP 3173 (“the Vehicle”) from Hong Keung Street towards Shung Ling Street and collided with the plaintiff, who was crossing Hong Keung Street in front of the Vehicle from the defendant’s left to right (“the Accident”).
On 27 April 2011, the defendant was convicted of the offence of careless driving upon a guilty plea at the Kowloon City Magistracy in relation to the Accident.
In paragraph 2 of the defendant’s Written Opening dated 22 July 2014, the defendant made clear that liability would be contested only to the extent that the plaintiff should bear half of the blame for the Accident – ie 50% contributory negligence.
In other words, primary negligence on the part of the defendant is conceded but the plaintiff should bear half of the blame for the way she crossed the road.
The Court held that the plaintiff should not bear any responsibility for the Accident and there was no contributory negligence on her part.
- 被告車撞到原告, 被告被原告民事索償，訴訟緣由為疏忽駕駛車輛
Born in 1974 and aged 36 at the time of the Accident.
the plaintiff opened a hair salon (“the Salon”) in the San Po Kong area. The plaintiff hired 1 to 2 staff to run the Salon, and she worked from 8:00 am to 8:00 pm for six days per week before the Accident happened
- Immediately after the Accident, the plaintiff was admitted to the Accident and Emergency ward of the Queen Elizabeth Hospital. X‑ray examination showed fracture of the pubic ramus superior and inferior. Further examinations showed decreased range of motion of the right hip, with pelvis stable but left hip axial painful. 原告被撞至骨裂，股骨位置痛楚及活動範圍限制
- The plaintiff was hospitalized for nine days and had been treated at the Intensive Care Unit for around three days. No surgery was done. She was treated conservatively. 原告人住院9日，其中3日在ICU深切治療部留醫，無需進行手術，原告人的傷勢以保守方式治療
- the plaintiff was on wheelchair. She was taught walking exercise with frame during hospitalization. 原告人意外後需坐輪椅，後來住院期間進行康復訓練以拐杖行路
- the plaintiff underwent four sessions of physiotherapy at the Our Lady of Maryknoll Hospital. 原告人在聖母醫院進行了4次物理治療
- The plaintiff attended a further 12 sessions of physiotherapy at the Queen Elizabeth Hospital from July to September 2011. As at 11 August 2011, the plaintiff reported a 50% improvement of her condition.
- the plaintiff reported an overall improvement of 80‑90%, but still complained of left hip pain on prolonged standing, walking and sitting. 原告人整體身體機能獲得了80-90%改善，但依然表示左邊股骨位置在長期站立，走路，及坐下時會感到痛楚
|(2)||Pre‑trial Loss of Earnings||1,195,840.00|
|(3)||Post‑trial Loss of Earnings||0|
|(4)||Loss of earning capacity||0|