Kwok Seng Fatt Jeremy v Choy Chee Hau: Personal Injury Claim for Paraplegia Resulting from Motor Vehicle Accident
In the case of Kwok Seng Fatt Jeremy v Choy Chee Hau, heard in the High Court of Singapore on 10 December 2003, the plaintiff, Kwok Seng Fatt Jeremy, sued the defendant, Choy Chee Hau, for damages arising from a motor vehicle accident that resulted in the plaintiff's paraplegia. The court, presided over by Assistant Registrar Ching Sann, awarded the plaintiff a total of $791,993.69, comprising $96,000.68 in special damages and $695,993.01 in general damages.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for Plaintiff
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Jeremy Kwok sued Choy Chee Hau for damages resulting from a motor vehicle accident causing paraplegia. The court awarded Kwok $791,993.69 in damages.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Kwok Seng Fatt Jeremy | Plaintiff | Individual | Judgment for Plaintiff | Won | |
| Choy Chee Hau | Defendant | Individual | Judgment against Defendant | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Ching Sann | Assistant Registrar | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Subir Singh Panoo | Sim Mong Teck and Partners |
4. Facts
- The plaintiff was 21 years old at the time of the accident and serving his National Service.
- The plaintiff suffered a fracture dislocation of T7 vertebra resulting in paralysis below T6.
- The plaintiff sustained a right brachial plexus injury.
- The plaintiff experienced a loss of sexual function.
- The plaintiff suffered reactive depression as a result of the accident.
- The defendant's insurers disclaimed liability due to the defendant's drunk driving conviction.
5. Formal Citations
- Kwok Seng Fatt Jeremy v Choy Chee Hau, Suit 702/2001, [2003] SGHC 308
6. Timeline
| Date | Event |
|---|---|
| Accident occurred | |
| Lawsuit filed | |
| Interlocutory judgment entered for the plaintiff | |
| Judgment issued |
7. Legal Issues
- Damages for Pain and Suffering
- Outcome: The court awarded $202,000.00 for pain and suffering.
- Category: Substantive
- Future Medical Expenses
- Outcome: The court awarded damages for future medical expenses, including outpatient treatment, medication, and potential complications.
- Category: Substantive
- Cost of Future Nursing Care
- Outcome: The court awarded $71,279.80 for future nursing care, considering agency fees, maid costs, and medical expenses.
- Category: Substantive
- Future Transport Expenses
- Outcome: The court awarded $76,800.00 for future transport expenses, considering the plaintiff's need for taxis due to his injuries.
- Category: Substantive
- Loss of Future Earnings
- Outcome: The court awarded $134,400.00 for loss of future earnings, taking into account the plaintiff's employment history and potential for future earnings.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Balachandar v Asiatic Development Bhd & Anor | Malaysian court | Yes | [1995] 1 MLJ xlviii | Malaysia | Cited regarding the award for reactive depression, but the court found it unhelpful as it was a Malaysian court decision. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Paraplegia
- National Service
- Interlocutory Judgment
- Multiplier
- Special Damages
- General Damages
- Pain and Suffering
- Loss of Earnings
- Future Medical Expenses
- Nursing Care
15.2 Keywords
- personal injury
- motor vehicle accident
- paraplegia
- damages
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Personal Injury | 95 |
| Damages | 80 |
| Measure of Damages | 80 |
| Assessment of Damages | 80 |
| Automobile Accidents | 70 |
| Road Traffic Accident Law | 60 |
| Civil Procedure | 30 |
| Evidence | 20 |
| Contract Law | 20 |
16. Subjects
- Personal Injury
- Motor Vehicle Accident
- Damages Assessment