Li Ching v. Guard Able Limited DCPI 2416/2006

S’s words:-

No legal issues I would like to say but my feeling after I read the judgment.

With so many versions of the Plaintiff how she was injured, it was too difficult to convince the Court to accept her story.

I did have the opportunity to handle a case that faced with difficulties in the plaintiff’s story. That case was settled shortly before the trial for a minimal compensation.

--- quote from judgment ---

Date of handing down Judgment : 12th November, 2007

This is the Plaintiff’s claim for damages for personal injury, loss and damages sustained by her in the course of her employment arising out of the negligence and breach of common duty of care of the Defendant under the Occupiers’ Liability Ordinance.

In evidence-in-chief she said that she took a look and found that it was Tang Siu Kwong who touched her. She was frightened. She stood up quickly. Her leg was numb because she had sat there and it was cramped there. When she got up there was something in front of her. She turned 90˚. When she was turning she sprained her left ankle. She lost her balance.

Under cross-examination she said that when her superior asked her to patrol she was not running. She was walking. When she was turning her body she paid attention. She said that she did not walk hurriedly.

The Plaintiff’s Counsel submits that “As a result of the hurried return to work, she fell on weak legs and injured herself ….” But it was not pleaded in the Statement of Claim or in her witness statement that she “fell on weak legs and injured herself.” She only mentioned this matter in Court.

Dr. Cheung Tak Fai in his medical report (dated 26.3.2004) states that the Plaintiff attended his clinic on 28.3.2003, and “She gave the history of an injury during work on the captioned date. While she went out from the rest room, she tripped over the door-step and fell. She sprained her left ankle and hit her left side of body against door-case, sprained her neck and low back as well. She experienced severe left ankle and back pain and left upper limb numbness that she could barely walk a few steps.”

The medical report (dated 20.2.2004) of Dr. Y.F. Yeung of the Department of Surgery of the Prince of Wales Hospital states: “Madam Li fell down on duty after tripping over the door frame in 3/2001 and suffered from left shoulder pain radiating down to the fingers afterwards.”

The report of Dr. Li Shun Cheong of the Tai Po Jockey Club Clinic (dated 7/1/2004) states: “She claimed to experience a dizzy spell during work on 22/3/2002. This resulted in a fall and sprained her left ankle.” The medical report of Dr. Chan Ho Yan of the Alice Ho Miu Ling Nethersole Hospital (dated 14.3.2003) says that the Plaintiff sprained her left ankle while she was on duty with preceding syncope on 22/3/02.

In the Notification of Accident at Work submitted to the Labour Department on 29th April 2002, she stated “As I was wearing the shoes provided by the company and those were not in the suitable size, I fell and sustained sprain injury.”

The Plaintiff gave inconsistent accounts of the accident to medical doctors, to the Labour Department and to this Court. I am not satisfied that she was telling this Court what had actually happened on the date of the accident. In any event her evidence does not show the cause leading to the spraining of her ankle. She has failed to show how the spraining of her ankle had anything to do with the Defendant. The onus is on the Plaintiff to show that there was negligence on the part of the Defendant, or that the Defendant was in breach of the Occupiers’ Liability Ordinance. She has failed to do so. I therefore dismiss her claims against the Defendant.