TSE NGAN HEUNG v. LO SIN TAK AND ANOTHER

HCPI 565/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

PERSONAL INJURIES ACTION NO. 565 OF 1999

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ASSESSMENT OF DAMAGES

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I. The Accident

1. The plaintiff, a 29-year old young woman, was injured in an accident which occurred at about 9:55 p.m. on 9th March 1998 when the plaintiff was walking together with her friend Rebecca Chan on the pavement outside the Police Headquarters in Hennessey Road. A private vehicle driven recklessly by the 2nd defendant, mounted the pavement and knocked down both the plaintiff and her friend Rebecca Chan. The 2nd defendant was charged with and convicted of reckless driving.

2. On the 18th January 2001, after a full trial, judgment was entered against the 2nd defendant on liability. The 1st defendant, the Ritz Carlton Hotel who employed the 2nd defendant was found not liability.

II. The Injuries

3. The plaintiff temporarily lost consciousness. She suffered many lacerations as follows:-

- 1 cm laceration at left forehead

- 1 cm laceration at left cheek

- 2 cm laceration at right temporal region

- 2 cm laceration at right face

-abrasion at both hands, right side of the back, both knees, and left toes

4. She was found to have suffered fractures of her left superior and inferior pubic rami, ishial tuberosity and of her right fibula. She was treated conservatively for these.

5. She also suffered post-concussion vertigo and acute stress reaction that required psychiatric treatment. She was transferred back to Queen Mary Hospital for psychiatrist assessment on 5 May 1998. She was found to be suffering from mental and emotional symptoms and stress arising from the trauma of the accident such as decreased concentration and memory problems, easy fatigability and slower performance at work with flashbacks of the accident. She was diagnosed by Dr. Peter Ho Pang Nin to suffer from Post-Concussional Syndrome (see his report at page 211 of the Bundle). The prognosis for some of these symptoms was guarded (see report of Damaris Hung dated 10 April 2001). She also suffered from a mild degree of survivor's guilt as her friend Rebecca Chan has become confined to a wheel chair arising from her injuries from the accident.

6. She attended regular outpatient treatment for her orthopaedic injuries, psychological follow-up by a clinical psychologist, and for ENT consultation for vertigo.

7. She was discharged from hospital treatment on 6th May 1998.

III. Her Disabilities

8. Her fractures had united in good position. There was no distortion of the pelvic anatomy. There was no residual stiffness of the hip joints. However the plaintiff stated that her buttocks ache and limp after a relatively long period of sitting or standing or walking and when there is a change in whether, or when it rains or is humid. There is a swollen gelosis in her right thigh near the knee, which sometimes gives her pain.

9. The plaintiff stated that her symptoms of headache and dizziness have subsided as time went by. Now she suffers from such headaches and dizziness approximately twice a week on average. When she has a fit of headache, it usually lasts one to two hours and she will take medication to ease the pain. As for the dizziness, it usually lasts a few seconds and she will feel all right.

10. She had nightmares about the accident when the accident had just taken place. As time went on, the number of nightmares has reduced and she now has nightmares twice a week on average.

11. The accident has greatly changed her personality and outlook on life. She was former optimistic, active and resolute. She has lost confidence in herself, become introverted and pessimistic. She feels that as things can change so suddenly, she will not fight for anything. She is socially withdrawn arising from the accident and would not go out as much on social activities as she was used to.

12. The plaintiff is working as a graphics designer in a company that does design in promotional leaflets, cards and envelops. She is worried about her loss of concentration and affected memory. She says that this not only affect her daily life but her career. She states that her memory is affected arising from the accident. She easily forgets the client's or the company's instructions in her work. She commits mistakes and omissions at her work. Her boss was dissatisfied with her and asked her not to take a casual attitude towards her work.

13. She has a mild degree of survivor's guilt which she says has not entirely subsided despite what was stated in the report of the clinical psychologist Ms. Damaris S. M. Hung at page 2 of her reported dated 23 March 2001. She says that she still has this. She feels guilty because she was walking on the outer edge of the pavement when she suggested changing place with Rebecca Chan as it was raining and they were sharing an umbrella. It was because of this that Rebecca Chan walked on the outer side of the pavement and suffered the more serious injury.

14. The plaintiff stated that arising from the accident, she felt stress and anxiety when crossing the road. However this changed to a sense of hopelessness and abandonment as she felt that even when walking on the pavement she could be knocked down. There is no way in which she could protect herself.

15. The scars on her face have faded to such an extent that they are faint and not noticeable unless pointed out to the observer. However, the plaintiff states that she is still conscious of the scars and feels that they are noticeable. She feels uneasy when people gaze at them.

IV. PSLA

16. I am of the view that the plaintiff is a truthful witness who tries to speak truth as best as she could, regarding her symptoms. When considering the award for this head of damage I consider the plaintiff's evidence and the evidence of the medical experts. In relation to the evidence of the orthopaedic experts, the opinion of Dr. Chun Siu Yeung of the plaintiff and Dr. Lam Kwong-Chin are not at variance. Dr. Chun stated that no permanent residual effect is expected from the fractures. Dr. Lam quotes Dr. Chun on this. However Dr. Lam referred to the complaint of the plaintiff of residual left buttock pain on prolonged sitting and right shin pain on pressure. Dr. Lam did not discount the complaint of the plaintiff related to the residual pain she suffered, but added also presumably from the plaintiff's own report to him, that there was no walking problem I do accept the evidence of the plaintiff that although the fractures themselves had healed without displacement or residual signs, yet there was residual pain from prolonged sitting and pain on her right shin upon pressure.

17. She was diagnosed by Dr. Peter Ho, (the plaintiff's psychiatric expert) in his report dated 30 April 1999, to suffer from post-concussional syndrome. This includes nightmares, anxiety and a sense of fear whenever she is on the street, vertigo and dizziness when she is about to lie down, headache, concentration and memory impairment, leading to mistakes at work, feeling of inferiority over her scars. Dr. Peter Ho stated that "her attitude was genuine and there was no suggestion that she had exaggerated her complaints". He stated that her prognosis was fair only. I accept the evidence that the frequency of occurrence of the some of the symptoms such as nightmares, anxiety and fear when crossing the road, headaches, had decreased since the date of Dr. Peter Ho's report. Ms. Hung stated in her supplementary report dated 10 April 2001 that the prognosis of the plaintiff's condition is guarded. Ms. Hung specifically referred to complaints such as knee pain, dizziness and memory problems, which have persisted for over two years. I accept the plaintiff's evidence that even though survivor's guilt which Ms. Hung in her 1st report dated 1st August 1998 said have subsided, the plaintiff still suffers from this though to a lesser extent. I also accept that she still has occasional nightmares though she has no difficulty sleeping.

18. In relation to her scars, objectively the scars are not obvious to observers yet the plaintiff is conscious of them, and to her, they are noticeable. I also accept that her social life and her personality have been affected and she has a tendency to withdraw. The evidence of her friend Lai Yin Ling PW4 supports this. Whereas the plaintiff's personality was outgoing and she participated in outdoor activities, before the accident, since the accident she has become less sociable and has become withdrawn.

19. She also has a concern on the effect of her hip fracture on future child bearing. She states that her boyfriend had spoken to her about the effect of x-rays undergone on her hip on future child bearing. She has taken on this concern of the effect of x-ray undergone on future child bearing. These are matters that has to be taken into account in assessing the award under this head.

20. I have regard to the case of Lam Pik Kuen v. Lee Fai Ming, and China Motor Bus Company Limited, HCPI 7/1998, (Judgment handed down on 18 May 2000). The Judge made an award of $150,000 on this head based on his findings related to the plaintiff. He accepted that the plaintiff, (a 45 year old woman who worked as a pantry maid), suffered from left groin pain, pelvic and other pain arising from soft tissue injury which was permanent from a fractured left superior and inferior pubic rami and an irregular pubic symphasis i.e. a cartilaginous or fibrous union of the frontal pelvic girdle. She could not stand for more than 3-4 hours at a time without a 10 - 15 minute rest.

21. I further refer to Ip Shuk Hing v. Yuen Yuk Wai, and Yuen Yuk Ling, HCPI 216/1999 (Judgment handed down on 11 August 2000) where an award of $300,000 was made on PSLA. The award was based on the following facts. The plaintiff, a 42-year old woman, suffered a hairline fracture to the Gerdys tubercle, a small bone in her right knee and a contusion to her head. The Judge found that she suffered a very mild degree of residual disability in her right leg but accepted that she suffered from post-concussional syndrome as a result of the accident. This brought about a real deficit in her attention and repetition abilities, namely, inability to concentrate with a borderline memory deficit consistent with her claims of forgetfulness from the accident, symptoms of headache, instability and dizziness. The Judge also found that she suffered from post traumatic stress disorder, namely she had complaints of anxiety, nightmares, insomnia and aversion to the scene of the accident and to crossing roads generally. The post-concussional syndrome and post traumatic stress disorder suffered by her was stated by the Judge to be mild.

22. In the 1st case referred to Lam Pik Kuen was awarded $150,000 for residual pain from soft tissue injury. Her complaints were not dissimilar to that of the plaintiff herein related to residual pain from fracture sites. However plaintiff's complaints were comparable to the 2nd case aforesaid but she had the additional complaints of anxieties related to her future child bearing, and the effect of the scars, on her self-image, the effect of the trauma and the scars on her personality and her social life and the residual survivor's guilt. Having considered this, I am of the view that an award of $350,000 under this head is reasonable and I make this award.

V. Loss of Earnings

Pre-trial Loss of Earnings

23. The plaintiff's claim related to loss of over-time pay during this period was withdrawn because before the accident the plaintiff's then employer had removed the arrangement for over-time pay to the staff. The plaintiff had been paid her salary during her sick leave period. The plaintiff's claim for loss of earnings relates to loss of earnings as a result of the plaintiff having to take time off work to attend follow-up treatment. As a result of that her employer had deducted a total of $5,821.00 from her earnings. Her former employer Denland (HK) Limited (hereinafter referred to as "Denland") made these deductions from her salary:-

March 1998	HK$1,703.00
April 1998	HK$2,400.00
May 1998	HK$1,316.00
November 1998	HK$ 402.00
	HK$5,821.00
	==========

24. However there is no substantiating documentary evidence for this apart from a voucher showing a deduction of $402 from salary arising from casual leave for the months of October and November at page 261 of the Bundle of Document. This being the case I can only award the sum of $402 under this head of Pre-trial Loss of Earnings.

Future Loss of Earnings

25. The evidence in support of this claim consists of:-

(i) the medical evidence related to the post-concussional syndrome suffered by her.

(ii) Evidence of the plaintiff related to the effect of the trauma of the accident on her working ability.

(iii) Evidence of Mr. Choy Wing, the plaintiff's supervisor at her former employment with Denland.

(iv) Evidence of Mr. Yuen Wing Hong, one of the partners of the plaintiff's present employer, Topline Production Co. (hereinafter referred to as "Topline"), related to the plaintiff's work performance.

26. The expert evidence of post-concussional syndrome from Ms. Damaris Hung and Dr. Peter Ho had been referred to above. The dizziness and diminished ability to concentrate and memory problems were complaints of the plaintiff which she says has a negative effect on her work performance. Dr. Peter Ho, a psychiatrist, had referred in his report dated nearly a year earlier, on 30th April 1999, starting at page 205 of the Bundle of Documents, to the post-concussional symptoms suffered by the plaintiff. These had been referred to earlier. He had then stated that the prognosis was judged by him to be fair. Although this report was dated over 2 years ago, yet the 2nd report of Ms. Damaris Hung referred to the prognosis of Ms. Tse's condition related to memory problems and dizziness as guarded. Although Ms. Hung's in her 1st report referred to the reactions of the plaintiff as common reactions to an unfortunate truama, yet the fact that reactions are common do not in any way lessen the effect of such.

27. The plaintiff herself gives evidence of the effect of the trauma on her memory and concentration. She stated that it affects her career. She stated also that she loved her job as an advertisement designer before the accident. Her boss was confident in her. After the accident her memory was poor causing her easily to forget instructions from clients or the company. She committed mistakes and omissions. Her boss was dissatisfied with her and asked her not to take a casual attitude towards her work. Subsequently, her employer Denland went into voluntary liquidation. She lost her employment with Denland on 12 July 1999. Her colleagues who were advertisement designers like her quickly obtained employment with other companies. She was persuaded by her colleagues to quickly find other work. She found work with Topline on 12 August 1999 as a designer but doing work related to promotional leaflets, company letterheads, envelopes, name cards and such like. She regarded this work as of a lower calibre. She stated that Topline is much smaller in scale compared with Denland. It is situated in Chai Wan, a factory area rather in Wanchai or Central, a business area. She earned $12,000 p.m. at the start of employment, and was paid 13 months salary in a year. She found that her work performance was not as good as it had been before the accident. Her boss at Topline, told her she had a poor memory and lacked concentration. He was angry with her sometimes for that reason. She stated that she no longer had the combative spirit as she had in the past. Her boss told her that she was slower at work than her colleagues, and when she worked overtime, she did not feel able to claim the full number of overtime hours she had worked as she was conscious of her boss's comments. She states that her former colleagues at Denland who were designers in advertisement at the same level as her now earn $15,000 p.m. whilst she now only earns $12,300 p.m. She did not have confidence to seek another job that paid a higher salary. She is also worried that if she lost her job at Topline she would not be able to find another job.

28. Mr. Choy Wing the former supervisor of the plaintiff at Denland stated that the plaintiff started employment at Denland in 1995. She was employed as an artist and was responsible for preparing drafts of advertisement. The plaintiff's title was subsequently changed to that of designer. Her duties included both the preparation and publication of advertisement drafts. Before the accident, the plaintiff had been performing well at work from the time she joined Denland. She had a good attitude towards work and was very responsible. She could handle competently every task assigned to her and submitted the finished work within the time allotted. However after the accident her work suffered and became worse than before. Her memory was weakened. Sometimes she would forget the work entrusted to her. Since many technicalities were involved in every advertisement, every single step had to be handled with care. However, because of the plaintiff's omission to take some important step, the outcome of the product was affected. She failed to submit work on time and progress of work was delayed. He could not fully entrust the work to the plaintiff to handle without supervision as he had done in the past. He had to oversee and supervise her work. Under cross-examination when it was suggested to Mr. Choy that the plaintiff was able to do her job fully and discharge her duties by the time Denland closed, he said in reply, "You could say that". Yet upon re-examination he stated that even though her condition improved he had to check her work until Denland closed.

29. Mr. Yuen Wing Hong stated that the plaintiff joined his company Topline in August 1999. At that time she was paid a salary of $12,000 with 13 months pay per year and overtime allowances at the rate of HK$60.00 per hour. He paid her that salary because that was what she asked for. He found that her work ability was not commensurate with her work experience. She had a very poor memory and when she worked, she seemed to be absent-minded and inattentive. Sometimes when instructed to do one kind of work, she did another. She was not active or aggressive in her work. The original plan was that she should follow-up the work of the part-time designer employed by the Company. However she was not able to do that. He himself had to do that. Her performance at work failed to meet his expectations. In April 2000, he only raised her salary nominally by a sum of $300 per month. On the basis of her seniority and past experience, she should be able to perform better in her work than what she is capable of. He stated that the base salary in the trade for a designer of the Plaintiff's experience and seniority should have been within the range of HK$15,000 to HK$18,000. If she were able to perform her work to the level of her experience and seniority he would pay her the sum of HK$16,000.00 per month. He further stated that despite the fact that the plaintiff's performance at work had not met up to his expectations, she had not made any irremediable mistake. If she had, he would have to dismiss her. He stated that he would have expected a designer of 2 years experience to have qualities of creativity and assertiveness and these are necessary qualities for a designer. I accept the evidence of Mr. Choy and Mr. Yuen.

30. The evidence show that before the accident, whilst the Plaintiff was working at Denland, Mr. Choy her supervisor's assessment of her work was good. She performed her work well. However after her accident there was a change in her work performance, which arose from her emotional and mental reaction to the trauma. Such effect on her is substantiated in Ms. Hung's evidence and Dr. Peter Ho's evidence. It further seems that the prognosis of the effect on her of dizziness, loss of concentration and the effect on her memory is guarded. Ms. Hung however, stated that some of the effect is caused by the prolonged litigation. It may be that after the conclusion of the litigation, some of this may wear off. I have to find whether there is sufficient evidence to substantiate a loss of future earnings arising from the effect of the trauma on the plaintiff in the symptoms of dizziness, loss of concentration and the effect on her memory. I come to the finding that there is evidence to suggest future loss of earnings. There is evidence before me to show that the plaintiff had been adversely affected in her work performance by the accident. Before the accident she had a good attitude to her work. The plaintiff stated that she knew that her former colleagues at Denland who were designers at her level were earning $15,000 p.m. She had no confidence to leave Topline to seek a better paid job in view of her emotional and mental state that she described namely, her forgetfulness and loss of concentration at work, her loss of combative spirit. Mr. Yuen stated that he would have given her $16,000 p.m. had she performed her work at a level commensurate with her experience. Mr. Yuen stated that the current salary of a designer commensurate with the plaintiff's level of experience and seniority is a monthly salary of between $15,000 to $18,000. Mr. Yuen also stated that the plaintiff is lacking in creativity and assertiveness required of a good graphics designer. However I am satisfied that the trauma had caused her to lose her combative spirit and her confidence. She was formerly confident in herself, positive and assertive before the trauma. It is not easy to assess how much the plaintiff would have earned had the accident not happened. I am however satisfied that the plaintiff would have been able to earn more than the $12,300 p.m. that she is now earning. I have regard to the evidence of Mr. Yuen of the current salary of a designer at the plaintiff's level of experience and seniority and the evidence of the plaintiff related to the salary of her former colleagues. I also take into account the fact that at the conclusion of litigation the effect of the strain of protracted litigation on the plaintiff might evaporated. This though would not lessen the emotional and mental effect of the trauma caused by the accident on her. Having considered all the aforesaid, I am of the view that her future loss of earnings would be a loss of monthly earnings of $2,000 p.m. x 13 months in a year coming to a yearly loss of salary of $26,000. Having regard to her age of 32 years at the time of the hearing, I take a multiplier of 16 for her as suggested by the plaintiff's Counsel. This comes to the sum of $416,000.00.

VI. Loss of MPF entitlement

31. I calculate this at $2,000 x 5% x 12 x 16 and it comes to $19,200.00.

VII Loss of Earning Capacity

32. I am of the view that the evidence shows the plaintiff has a risk of being dismissed by her present employer arising from the effect of the post-concussional syndrome caused by the accident. She has also suffered a handicap in the Labour market by reason of her injuries. I am of the view that the sum of $100,000.00 would be a suitable sum under this head in view of the plaintiff's age and other circumstances. I award the sum of $100,000 under this head.

VIII. Special Damages

33. A number of the items are opposed. The first of these is the claimed expenses for Vitamin E and medical cream for reducing the scars' pigmentation in the sum of HK$9,022.70. The invoices and proof of such expenditure produced do not clearly support this sum. There are invoices in the sum of $411 and $288 from SaSa Cosmetic Co. Ltd., an invoice from Amway Asia Pacific Ltd in the respective sums of $1,029.50 and $1,117.20 and an invoice from Daily Shop for cosmetics in the sum of $399. There is also a photocopy of an indecipherable invoice. Having considered these, I grant the sum of $3,000.00 as being reasonable.

34. Traveling expenses claimed in the total sum of $13,486.00 is disputed. I grant the traveling expenses of the plaintiff's parents to travel by MTR and taxi to visit the plaintiff during her hospitalization in Tang Shiu Kin Hospital in the sum of $380, during the plaintiff's hospitalization at QMH in the sum of $3,240.00 during the plaintiff's hospitalization at Fung Yiu King Hospital, situated just below QMH, in the sum of $4,350.00. The plaintiff's parents are elderly, one being aged 73 years and one aged 64 years. They live in Kwun Tong. It is in my view entirely reasonable for them to travel by MTR and then by taxi for their journey. I grant each of these sums. The plaintiff also claimed a sum of $5,000 for her siblings to visit her whilst she was at Queen Mary Hospital and at Fung Yiu King Hospital. Her elder sister visited her every day and other siblings visited her on alternate days. In view of her prolonged stay in hospital, it is reasonable for her siblings to visit her. I grant a sum of $3,000 as there are no details of the costs of such visits. There are expenses for the plaintiff to attend out-patient treatment at QMH in the total sum of $318 for 6 attendances. I grant this sum and a sum of $198 to attend Sai Ying Pun Specialist Clinic for 6 attendances. The total sum of traveling expenses allowed amount to $11,486.00.

35. The last item that is disputed is the expenses for tonic food including isinglass, snow frog oviduct and bird's nest, traditional Chinese remedies for the complexion, in the sum of $25,524.00. Invoices have been submitted for these. I grant this item.

36. Another disputed item is the platinum ring, which had been lost. The plaintiff stated that this was a ring given her by her boyfriend. She saw the invoice, which stated the price because it was purchased in a Chinese goldsmith store. The invoice was put inside the box for the jewellery. The plaintiff stated that Chinese goldsmith stores generally put the invoice inside the box. I accept the plaintiff's evidence on this item. I grant this item.

37. I therefore grant the following items of special damages:-

Medical expenses are agreed
Hospital's fee	$4,164.00
Fees for Out-patient treatments at QMH	$528.00
Vitamin E and medical cream for reducing scars' pigmentation amount disputed as excessive allowed at	$3,000.00
Traveling Expenses	$11,486.00
Tonic Food	$25,524.00
Other Damages
Damaged watch	$1,000.00
Damaged trousers	$400.00
Damaged overcoat	$600.00
Damaged shirt	$300.00
Damaged handbag	$700.00
Damaged umbrella	$150.00
Lost platinum ring	$1,300.00
Damaged pen	$200.00
Loss of deposit paid to Travel Agency for air-ticket	$1,000.00
	$50,352.00
	========

IX. Future Medical Expenses

38. The item of future psychiatric treatment recommended by Dr. Peter Ho is disputed. Dr. Peter Ho stated in his report on 7 May 1999 that the plaintiff would need regular psychiatric treatment by a psychiatrist in once weekly sessions in the initial stage for a period of about two months and subsequently bi-weekly intervals for possibly one year. The exact duration of treatment needed would naturally depend on her progress and response to treatment. The cost in the private sector would be about HK$1,500 per session including medication. The plaintiff's evidence was that she could not afford psychiatric treatment and had only had one session with a psychiatrist. She attended Ms. Hung a clinical psychologist at QMH instead. Although Ms. Hung made herself available to the Plaintiff, however owing to the fact that Ms. Hung worked for the Hospital Authority appointment times were restricted to office hours. Because of the inconvenience of taking time from work, she could not go on a more frequent basis to see Ms. Hung. The grounds to the opposition to this charge is that the plaintiff has recovered since the date of the medical report of Dr. Ho referred to above, sufficiently for Ms. Hung to state in her report dated 10 April 2001, "the frequency and duration of treatment will have to depend on factors such as the persistence of symptoms, level of work stress, and the duration of the litigation. On a more practical level, Ms. Tse's working hours determines how much time she can afford to attend psychological follow-up. Given Ms. Tse's circumstances, a follow up session of about 45 minutes every six to eight weeks will be adequate. The duration of treatment may extend up to several years after the accident. The duration of treatment is variable from case to case and has to depend on the factors listed above." From the quoted words of Ms. Hung, it would seem that Ms. Hung took into consideration of the plaintiff's working hours when stating the frequency of treatment. However, with the more flexible appointment hours of a psychiatrist in the private sector, the plaintiff would be able to attend treatment at more frequent intervals were she able to afford the cost of such treatment. On the basis of Ms. Hung's assessment of the frequency and duration of treatment lasting several years, in intervals of 6 weeks per session, she would require a total of 26 sessions were the treatment extended to 3 years. On the basis of Dr. Ho's assessment, a total of 28 sessions were required. I therefore grant the plaintiff the expenses of consultation with a psychiatrist in the private sector for 26 sessions at $1,500 per session totaling $39,000. In my view it is reasonable for the plaintiff to attend a psychiatrist in the private sector as it is less disruptive to her working hours. This item is allowed at $39,000.00. I do not allow traveling expenses for this item as there are no particulars of traveling expenses for each journey.

39. Total damages allowed consist of:-

PSLA	$350,000.00
Pre-trial Loss of Earnings	$402.00
Future Loss of Earnings	$416,000.00
Loss of MPF Entitlement	$19,200.00
Loss of Earning Capacity	$100,000.00
Special Damages	$50,352.00
Future Medical Expenses	$39,000.00
	$974,954.00
	=========

40. I therefore give final judgment for the plaintiff against the 2nd defendant Lo Sin Tak in the sum of $974,954.00 together with interest on the sum of $350,000.00 at 2% p.a. from date of writ to date of handing down of judgment and interest on pre-trial loss of earnings and special damages at half judgment rate from date of accident to date of judgment. I leave the calculation of such interests to the solicitors of the parties to work out. I also grant an order nisi for costs of the assessment to the plaintiff to be taxed if not agreed together with Certificate for Counsel.