A city rubbish collector was awarded HK$193,243 in damages yesterday, almost three years after he pricked his finger on the spiky fruit outside a local supermarket and then sued his employer over the accident.
District Court Judge Simon Leung Chun-man ruled that Zubair Khan was entitled to damages for pain, suffering and lost wages after his tussle with the notoriously smelly produce.
But the judge doubted Mr. Khan’s claim that he suffered from “severe pain” when he was re-examined almost two years after the June 2006 accident. The rubbish collector also claimed the limited finger movement he suffered was worse than when an occupational therapist had examined him after the accident, even though his finger wound had since healed, the judge noted.
“The medical evidence shows that the injury had healed with only mild residual pain and stiffness,” he wrote.
He added that an orthopaedic expert “considered that Khan is able to manage his daily activities and return to play soccer. His social life is unlikely to be affected by his injury”.
Mr. Khan’s employer, Hung Kee Cleaning Environment Recycle Limited, assigned the then 23-year-old to collect rubbish on June 19, 2006.
A judgment for damages was issued against Hung Kee in September when it failed to respond to Mr. Khan’s lawsuit.
The judge’s total award of HK$193,243 to Mr. Khan should be reduced to HK$145,890 after taking into account a separate employees’ compensation award.
1 comment:
Durian lawsuit bears fruit of HK$193,000
Peter Brieger
2 April 2009
It could be the most expensive durian in history.
A city rubbish collector was awarded HK$193,243 in damages yesterday, almost three years after he pricked his finger on the spiky fruit outside a local supermarket and then sued his employer over the accident.
District Court Judge Simon Leung Chun-man ruled that Zubair Khan was entitled to damages for pain, suffering and lost wages after his tussle with the notoriously smelly produce.
But the judge doubted Mr. Khan’s claim that he suffered from “severe pain” when he was re-examined almost two years after the June 2006 accident. The rubbish collector also claimed the limited finger movement he suffered was worse than when an occupational therapist had examined him after the accident, even though his finger wound had since healed, the judge noted.
“The medical evidence shows that the injury had healed with only mild residual pain and stiffness,” he wrote.
He added that an orthopaedic expert “considered that Khan is able to manage his daily activities and return to play soccer. His social life is unlikely to be affected by his injury”.
Mr. Khan’s employer, Hung Kee Cleaning Environment Recycle Limited, assigned the then 23-year-old to collect rubbish on June 19, 2006.
A judgment for damages was issued against Hung Kee in September when it failed to respond to Mr. Khan’s lawsuit.
The judge’s total award of HK$193,243 to Mr. Khan should be reduced to HK$145,890 after taking into account a separate employees’ compensation award.
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