Ng Tat Ping v. Cho Shui Leung t/a Fu Keung Engineer Co.

HCPI 646/2000

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

PERSONAL INJURIES LIST NO. 646 OF 2000

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ASSESSMENT OF DAMAGES

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1. This is an assessment of personal injuries compensation. Interlocutory judgment on liability was granted to the plaintiff on 31 October 2000 for damages to be assessed.

Personal Particulars of the Plaintiff

2. The plaintiff was born on 18 July 1974 in the mainland. He studied up to Form 3 in the mainland and worked as an electrician apprentice for 6 months after schooling. He came to Hong Kong in 1993 and engaged in various jobs. He worked as a go-down keeper for 2 years before taking up the job of an electrician apprentice. He could not read the certificate course in electrician work to obtain the 'A' licence to qualify as a Master electrician as he has not completed his secondary school education.

The Accident and the Plaintiff's Injuries

3. The plaintiff began working for the plaintiff as an apprentice since March 1997. On 22 July 1997 when he was carrying sheets of stainless steel for his employer, the metal sheets cut into the middle and ring finger of his left hand.

4. He was admitted into the Princess Margaret Hospital on the same day. The doctor found a 1 cm laceration on his left middle finger with 2 tendons cut partially. On his left ring finger was a 1.5 cm laceration with 2 tendons thereat completely severed.

5. He was hospitalized for 4 days during which time his tendons were repaired. He was given physiotherapy treatment and occupational therapy treatment thereafter.

6. On 25 August 1997 one of the repaired tendon of his left ring finger ruptured again and the plaintiff was re-admitted into the hospital for another tendon repair operation. He remained in hospital for 3 days.

7. In December 1997 the plaintiff was medically assessed. His left hand grip was found to be of 66% of the strength of his right hand grip. There was loss of active flexion of the ring finger at the distal interphalangeal joint. He was assessed to have suffered 2% impairment of his whole person.

8. The plaintiff was examined by orthopaedic surgeon Dr. Lau Hoi-kuen on 2 October 1999 and 3 December 2000. He had two 'L' shape scars remaining on his proximal phalanges of his middle and ring finger. There was impaired flexion of his ring finger and a mild impairment in the extension of his middle finger. The plaintiff also had a moderate decrease in power in his right hand grip. Dr. Lau also assessed the plaintiff to have an overall 2% disability of his whole person.

9. Whilst testifying in court the plaintiff demonstrated that he was not able to hold a complete fist. He felt stiffness in his 2 injured fingers when he needed to reflex or extend them. He would feel pain if he was required to lift heavy object. There was a slight shortening of his left ring finger.

Compensation for pain, suffering and loss of amenities

10. The plaintiff used to enjoy playing basketball. After the accident he no longer played the game. He had 4 cut tendons and was hospitalized for a total of 7 days over two periods of time. His tendons were repaired and he suffered some loss of flexion and extension power to his left middle and ring finger. With the injuries to his fingers he was not able to pull metal wires straight with his bare hands. He could not hold a firm fist. He was unable to hold a portable pneumatic drill for long. The loss of mild flexion and extension power of his 2 fingers affected his left hand grip which mars the general activities of the plaintiff marginally. His injuries fell below that of the serious injury category.

11. I do not find it necessary to analyse the decisions cited to me save to say that all of them were either dealing with bone fractures or were cases involving hand injuries of a greater severity. I find greater parity in the injuries sustained by the plaintiff in the case of Wong Chun Wang HCPI-644 of 1998. I am prepared to award the plaintiff a sum of HK$150,000 for his pain, suffering and loss of amenities.

Loss of Accrued Earnings

12. Prior to the accident the plaintiff was paid HK$300 a day by the defendant as an electrician apprentice. He worked on average 28 days a month. Together with his overtime payment, the plaintiff earned approximately HK$9,150 per month.

13. Counsel for the plaintiff put forth the Census and Statistics data on wages to show that, despite of the economic downturn in these recent years, there has been an increase of about 18% in the wages of an electrician from 1997 to 2000. Assuming that the plaintiff has remained to work as an air-conditioner electrician technician for the defendant, his salary would, according to the statistical increase, be HK$10,797 {(HK$9,150 x (100% +18%)). The median pre-trial monthly income of the plaintiff would therefore be HK$9,973.50 {1/2 (HK$9,150 + HK$10,797)}.

14. The plaintiff was granted sick leave for 5 months from 22 July 1997 to 15 December 1997. At the expiration of his sick leave period the defendant no longer engaged him for work. As the plaintiff was unable to lift heavy objects like air-conditioners after the accident, he changed to work as an electrician. He started apprenticeship with Mitsuhi Electric Company since January 1998 at a daily wage of HK$400, working 26 days a month. His monthly wages was HK$10,400. He stayed for 6 months with Mitsuhi.

15. He tried running his own business in electrical installation with some friends for about 3 months but his business failed to make a profit.

16. In July 1999 he found a job with Cheong Fu Electric Company earning HK$8,000 a month. He lost his job with Cheong Fu Electric Company by the end of 1999.

17. The plaintiff remained unemployed until March 2000 when he found a job as an electrician earning HK$400 per day. In this new job he worked 26 days a month and he stayed in the job for 3 months. By June 2000 he returned to Mitsuhi to work as an electrician earning HK$400 per day with 26 working days a month. The plaintiff's current monthly income was HK$10,400 (HK$400 x 26).

18. The plaintiff testified that he lost his job on account of his hand injury. I accept his pre-trial loss of income to be as follows:-

(i) For the year of 1997, the plaintiff was granted sick leave for 5 months from 22 July to 15 December. He did not manage to obtain his employment with Mitsuhi until January 1998, the plaintiff's loss of income for the period between 22 July and 31 December was HK$52,360.87 (HK$9,973.50 x 5 1/4 months).

(ii) In the year of 1998, the plaintiff worked for Mitsuhi for 6 months, earning HK$10,400 per month. He engaged in business for 3 months. Hence his loss of income for the year of 1998 was HK$27,361.50 {[HK$9,973.50 x (12-3) months] - (HK$10,400 x 6 months)}.

(iii) For the year of 1999 he worked for Cheong Fu Electric Company earning HK$8000 per month since July. He remained in this job until end of 1999. His loss of income for the year of 1999 was HK$71,682 {(HK$9,973.50 x 12 months) - (HK$8,000 x 6 months)}.

(iv) For the year of 2000 he obtained a job as an electrician in March earning HK$400 per day for 26 working days a month for a period of 3 months. By June he returned to work for Mitsuhi earning again HK$400 a day, working 26 days a month. Hence his loss of income for the year of 2000 was HK$15,682 {(HK$9,973.50 x 12) - (HK$10,400 x 3 months) - (HK$10,400 x 7 months)} .

(v) For the year of 2001 he suffered no loss of income when comparing his current monthly income of HK$10,400 with his median income of HK$9,973.50.

(vi) He received a sum of HK$5,000 compensation from the defendant on account of the accident. The said sum ought be deducted from his final award of loss of accrued income.

Loss of Future Earnings

19. The plaintiff was aged 23 at the time of the accident, and was aged 26 at the assessment hearing. In line with previous judicial decisions I accept counsel's submission that a multiplier of 16 ought be applied. The plaintiff's income would likely be HK$10,797 in the year of 2000 given the 18% increase reflected in the market statistics. As the plaintiff's current income with Mitsuhi was HK$10,400 per month. His loss of future earnings would be HK$76,224 {(HK$10,797-HK$10,400) x 12 x 16}.

Loss of Earning Capacity

20. Taking into account the plaintiff's minor decrease in his finger mobility and left hand grip I do not accept the plaintiff would suffer significant handicap in the labour market.

Special Damages

21. The plaintiff spent HK$5,656 in his medical consultation, travelling expenses and tonic food:-

(a) medical consultation fees	3,708
(b) travelling expenses	748
(c) tonic food	1,200
	HK$5,656

Employee Compensation

22. No employee compensation has yet been awarded to the plaintiff.

Award

23. I accept the following to be reasonable and fair assessment of the plaintiff's damages :-

(a)	Pain, Suffering and Loss of Amenities	150,000.00
(b)	Loss of accrued earnings
	(HK$52,360.87 + HK$27,361.50
	+ HK$71,682 +HK$15,682 - HK$5,000)	162,086.37
(c)	Loss of future earning	76,224.00
(d)	Medical and travelling expenses incurred	5,656.00
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		HK$393,966.00
		( round up sum )
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I award the plaintiff the sum of HK$393,966.00 compensation for the injuries he sustained as a result of the accident of 22 July 1997.

24. I award interest on the pain, suffering and loss of amenities compensation at 2% per annum from the date of the writ to the date of judgment. Interest on the loss of accrued earnings, medical and travelling expenses is granted at half the judgment rate from the date of the accident to the date of judgment.

25. I also grant order nisi on costs, to be taxed if not agreed, in favour of the plaintiff against the defendant for the present assessment hearing. The plaintiff's own costs to be taxed in accordance with the Legal Aid Regulations.