Hula v Hui Yu

Hula sued Hui Yu for damages arising from a motor accident in which the plaintiff was riding a bicycle into a roundabout when struck by the defendant’s motor vehicle, causing the plaintiff to suffer injury. Liability was admitted by the defendant, and the only issue before the court was the assessment of damages claimed by the plaintiff in light of the plaintiff’s five previous motor vehicle accidents. The plaintiff was self-represented.

The court considered the impact of the plaintiff’s previous accidents on the extent of their current injuries and the quantum of damages. Given the plaintiff’s history, the court had to carefully weigh the severity of the plaintiff’s injuries against the potential for exaggeration or pre-existing conditions to have influenced the outcome. The court noted that while the plaintiff’s past accidents might have contributed to their current condition, the present injuries were still substantial and warranted compensation. The court assessed the plaintiff's loss of earnings, medical expenses, pain and suffering, and loss of amenities, arriving at a total of $249,511.

The court found in favour of the plaintiff, awarding them the sum of $249,511. The defendant was ordered to pay the plaintiff’s costs on the ordinary basis unless otherwise directed. The exhibits were to be returned to the parties after 28 days. The court granted liberty to apply for further or other orders on seven days’ notice.