DCPI 3558/2021

[2024] HKDC 1210

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

PERSONAL INJURIES ACTION NO 3558 OF 2021

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BETWEEN

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JUDGMENT

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INTRODUCTION

1. This is the trial of the claim by the Plaintiff Mr Fung Ping (“P”) for damages for personal injuries arising out of an accident allegedly occurred to him on 4 December 2018 (“Accident”).

2. The Defendant Mr Chan Ka Ching (“D”) was the driver of a private car bearing registration number NS8929 (“Car/D’s Car”) involved in the Accident.

3. Both liability and quantum are in issue.

4. There is no dispute that on 4 December 2018 at around 1 pm. D was driving the Car along northbound Camp Street, Sham Shui Po, Kowloon. He was making a U-turn intending to park at a space on the opposite (southbound) carriageway by the roadside (“Space”) to his right. It was not a proper car parking space, merely a gap between other parked vehicles by the roadside.

5. The Space was near a garage operated by P in the vicinity, some 15 to 20 metres away (according to P’s unchallenged evidence).

6. After D’s Car had made the U-turn and was approaching the Space, P was standing at the Space out on the road, signaling to D not to park there. At the same time, P signaled his customer Mr Kung Chi Ting (“Kung”) (who later became P’s witness in this action), driver of another private car nearby, to park at the Space. D stopped the Car, but he refused to drive away. Arguments between P and D ensued.

7. P’s case is that during the encounter/arguments D suddenly drove forward, as a result the right front wheel of the Car rolled over and pressed on P’s right foot for about 10 seconds, causing him injuries in the Accident. After D backed up the Car, P’s right foot was released and he fell to the ground landing on his right hand, thereby injuring his right hand and thumb as well.

8. D denies that the Car had ever come into contact with or rolled over P’s foot. He argues that after he had stopped the Car but refused to leave, P came over to the Car near the driver’s seat and scolded him. Later P suddenly yelled out and sat on the ground during their arguments accusing D of injuring him, in gist, faking the Accident.

9. Both P and D called the police. The ambulance came. P refused to go to the hospital. Later that night he sought treatment at the Accident & Emergency Department (A&E) of Yan Chai Hospital (YCH).

10. Adduced in evidence are photographs taken at the scene showing D’s Car on the southbound carriageway with its front encroaching into the Space at an angle pointing south. Parties agree that the Car was at this stationary position after (according to P) it had backed up to release P’s right foot, or (according to D) after it had stopped upon P’s blocking the Space.

11. No crimina