Mah Chee Kok v Cheng Chee Kim: Personal Injury Claim for Construction Foreman

In the High Court of Singapore, Ching Sann AR presided over the case of Mah Chee Kok v Cheng Chee Kim, concerning a personal injury claim by the plaintiff, Mah Chee Kok, a construction foreman, against the defendant, Cheng Chee Kim. The court awarded damages for pain and suffering, loss of earning capacity, and medical expenses, totaling $124,292.70, plus interest. The court determined the appropriate amounts for each category of damages based on the evidence presented and legal arguments.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Judgment for Plaintiff

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

High Court judgment for Mah Chee Kok's personal injury claim against Cheng Chee Kim, awarding damages for pain and suffering, loss of earning capacity, and medical expenses.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Mah Chee KokPlaintiffIndividualJudgment for PlaintiffWon
G Prasanna Devi of Undisclosed
Cheng Chee KimDefendantIndividualJudgment against DefendantLost
Low Tiang Hock of Undisclosed

3. Judges

Judge NameTitleDelivered Judgment
Ching SannAssistant RegistrarYes

4. Counsels

Counsel NameOrganization
G Prasanna DeviUndisclosed
Low Tiang HockUndisclosed

4. Facts

  1. The plaintiff was 25 years old and working as a construction foreman at the time of the accident.
  2. Interlocutory judgment was entered for the plaintiff at 85% liability against the defendant.
  3. The plaintiff sustained a closed fracture of the left lower fibula.
  4. The plaintiff sustained disruption of ankle sydesmosis and ruptured deltoid ligament.
  5. The plaintiff sustained close fractures of the 2nd, 3rd, 4th and 5th right metatarsals.
  6. The plaintiff sustained comminuted fracture of the navicular and cuboid bones and Lisfranc injury of the tarso metatarsal joint of the foot.
  7. The plaintiff sustained secondary osteoarthritic changes at the mid tarsal joints.

5. Formal Citations

  1. Mah Chee Kok v Cheng Chee Kim, Suit 372/2003, [2003] SGHC 277

6. Timeline

DateEvent
Accident occurred
Interlocutory judgment entered for the plaintiff at 85% liability against the defendant
Judgment issued

7. Legal Issues

  1. Assessment of Damages for Personal Injury
    • Outcome: The court determined the appropriate amounts for each category of damages based on the evidence presented.
    • Category: Substantive
    • Sub-Issues:
      • Pain and Suffering
      • Loss of Future Earnings
      • Loss of Earning Capacity
      • Future Medical Expenses
      • Pre-trial Loss of Earnings
      • Medical Expenses
      • Transport Expenses
    • Related Cases:
      • [1994] 1 SLR 634

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Personal Injury Litigation

11. Industries

  • Construction

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Teo Sing Keng & SBS v Sim Ban KiatUndisclosedYes[1994] 1 SLR 634SingaporeCited for the principle that loss of earning capacity is awarded when there is no available evidence of the plaintiff’s earnings to enable the court to properly calculate future earnings.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Pain and Suffering
  • Loss of Future Earnings
  • Loss of Earning Capacity
  • Future Medical Expenses
  • Pre-trial Loss of Earnings
  • Construction Foreman
  • Arthrodesis

15.2 Keywords

  • personal injury
  • construction
  • damages
  • negligence
  • singapore

17. Areas of Law

Area NameRelevance Score
Personal Injury95
Measure of Damages70
Automobile Accidents60
Evidence50
Accident Law40

16. Subjects

  • Personal Injury
  • Damages Assessment