案件編號： DCPI 1121/2014
案件名稱：TONG YUK TAI v NEP HOLDINGS INTERNATIONAL (HK) LIMITED and CHEW SOOI KUEN
主審法官：Deputy District Judge D. Ho in Court
判案書日期 ：11 December 2015
個案：On approaching Fairview Park Boulevard near the junction of Kam Pok Road and intending to drive onto the Visitor’s Path to the left of the entrance of Fairview Park, Chew steered to the left to pull into the inner lane from the outer lane during which manoeuvre the offside front Tong’s car bumped against the nearside rear of Chew’s car (“Accident”). As a result of the Accident, Tong sustained injury.
原告人職業：aged 38 at the time of the accident, He was/is a majority owner of a shop selling, inter alia, second-hand prestigious watches. He also serves as a watch technician of the shop receiving a monthly salary.
- After the Accident, Tong attended the A&E Department of of Pok Oi Hospital and was found to have mild tenderness over the right side of his neck.
- The clinical picture of Tong was compatible with the diagnosis of soft tissue injury of the neck due to the Accident; (事故導致的頸部軟組織損傷)
- Some degenerative changes in C4/5, C5/6 and C6/7 were observed in Tong’s X-ray;
- The sick leave received by Tong came to 186 days.
有關PSLA： In Wong Kin Hung, the plaintiff, aged 40, sustained a sprained neck injury when his taxi was hit by another car from behind causing his taxi to topple. He was hospitalized for a few days and was prescribed with physiotherapy, analgesics and a neck collar. He received physiotherapy for over 3 months but there remained intermittent residual neck pain. He had difficulty in performing long hours of overhead ceiling work due to neck pain after prolonged neck extension. He was awarded $70,000 for PSLA.
I find the present case similar to Li Ting Fai and Wong Kin Hung. Allowing for inflation over the years, I award Tong $120,000 under this head.
Loss of pre-trial earnings|
(including 5% MPF)
|(3)||Loss of earning capacity||0|