Van driver wins $3.3m after crash impacts on sex life
A van driver whose sex life suffered after his pelvis was crushed between two vehicles was awarded $3.3 million in damages yesterday.
Ghulam Hussain, 31, was given $100,000 to cover the future costs of buying the anti-impotence drug Viagra after Mrs Justice Verina Bokhary found the drug would 'put him ... in the position that he would have been in, but for the wrong done to him'.
Another van driver, Lam Wah-chau, had reversed his vehicle and pinned Mr Hussain to a car which was parked on Container Port Road South, Kwai Chung, on May 27, 1999. Mr Lam pleaded guilty to careless driving when he appeared at Tsuen Wan Magistrate's Court on October 12, 1999.
Mrs Justice Bokhary found Mr Lam and his employer, Sam Yang (Godown) Transportation, wholly liable for the accident.
The court heard doctors at Princess Margaret Hospital found Mr Hussain's pubic bone had sustained several fractures in the accident. He was also unable to urinate.
After two months and three operations, Mr Hussain was discharged from hospital but it took 18 months for him to walk unaided.
Mrs Justice Bokhary found Mr Hussain still suffered from pain in his genitals and a permanent mild to moderate impairment of erectile function.
Mrs Justice Bokhary quoted a doctor who found Viagra would help Mr Hussain overcome the erectile problem. Mr Hussain was also awarded $600,000 for pain, suffering and loss of amenities.
'In awarding this sum, I take into account such help as [Mr Hussain] is likely to get through the use of the drug Viagra,' Mrs Justice Bokhary said.
Pre- and post-trial loss of earnings were assessed at $2.42 million, while pre- and post-trial loss of Mandatory Provident Fund benefits was $116,417.
Mrs Justice Bokhary also awarded $100,000 for loss of earning capacity.
