Murugasu v Singapore Airlines: Assessment of Damages for ENT Surgeon's Injury

In Murugasu, Euan v Singapore Airlines Ltd, the High Court of Singapore heard an appeal against the assistant registrar's assessment of damages awarded to Dr. Euan Murugasu, an ENT surgeon, who sustained injuries on a Singapore Airlines flight. The defendant conceded liability, and the assistant registrar made awards for pain and suffering, pre-trial loss of earnings, cost of future medical treatment, loss of future earnings, and special damages. The defendant appealed the quantum of most of the awards. Prakash J. dismissed the appeal, upholding the assistant registrar's assessment.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal dismissed with costs.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding damages awarded to Dr. Murugasu, an ENT surgeon, injured on a Singapore Airlines flight, impacting his surgical career. Appeal dismissed.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Singapore Airlines LtdDefendant, RespondentCorporationAppeal dismissedWon
Murugasu, EuanPlaintiff, AppellantIndividualAppeal dismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Judith PrakashJudgeYes

4. Counsels

4. Facts

  1. Plaintiff, an ENT surgeon, was injured on a Singapore Airlines flight on 28 May 2000.
  2. Defendant conceded liability, and interlocutory judgment was entered for the plaintiff.
  3. Plaintiff claimed permanent injury affected his ability to perform surgery.
  4. Plaintiff gave up surgery and became a researcher due to pain and discomfort.
  5. Assistant registrar made awards for pain and suffering, loss of earnings, and future medical treatment.
  6. Defendant appealed the assessment of damages, except for pain and suffering and special damages.

5. Formal Citations

  1. Murugasu, Euan v Singapore Airlines Ltd, Suit 803/2001, RA 42/2004, [2004] SGHC 132
  2. Murugasu, Euan v Singapore Airlines Ltd, , [2004] SGHC 24

6. Timeline

DateEvent
Plaintiff injured on Singapore Airlines flight.
Lawsuit filed (Suit 803/2001).
Plaintiff's contract with Tan Tock Seng Hospital expired.
Appeal filed (RA 42/2004).
Judgment reserved.

7. Legal Issues

  1. Assessment of Damages
    • Outcome: The court upheld the assistant registrar's assessment of damages.
    • Category: Substantive
    • Sub-Issues:
      • Accuracy of assistant registrar's assessment
      • Quantum of damages
  2. Loss of Earnings
    • Outcome: The court upheld the assistant registrar's assessment of damages for loss of earnings.
    • Category: Substantive
    • Sub-Issues:
      • Pre-trial loss of earnings
      • Loss of future earnings
      • Multiplicand
      • Multiplier

8. Remedies Sought

  1. Damages for personal injury
  2. Loss of earnings
  3. Cost of future medical treatment

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Personal Injury Litigation

11. Industries

  • Aviation
  • Healthcare

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Khoo Ih Chu v Chong Hoe Siong JeremyHigh CourtYes[1989] SLR 855SingaporeCited regarding the multiplier used for loss of future earnings, but the court noted that it was an old case and more recent cases have been more generous.
Karuppiah Nirmala v Singapore Bus Services LtdHigh CourtYes[2002] 3 SLR 415SingaporeCited regarding the multiplier used for loss of future earnings. The court used this case as an example of more recent cases being more generous in the multiplier.

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

  • Assessment of damages
  • Loss of earnings
  • Multiplier
  • Multiplicand
  • ENT surgeon
  • Cervical radiculopathy
  • Micro-surgery
  • Neurotology
  • Skull base surgery

15.2 Keywords

  • personal injury
  • damages
  • assessment
  • loss of earnings
  • ENT surgeon
  • Singapore Airlines

17. Areas of Law

16. Subjects

  • Personal Injury
  • Damages Assessment
  • Medical Negligence