Thia Tong Mui Phyllis v Yam Chor Hua: Motor Accident, Personal Injury, and Damages Assessment

In the case of Thia Tong Mui Phyllis v Yam Chor Hua, heard in the High Court of Singapore on 16 March 2004, the court assessed damages for the plaintiff, Phyllis Thia Tong Mui, who sustained injuries in a motor accident caused by the defendant, Yam Chor Hua. The plaintiff claimed general and special damages, including loss of earning capacity and future medical procedures. The court made no award for loss of earning capacity but awarded damages for future medical procedures. The court assessed the total damages to be $148,753.51.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Damages assessed for the plaintiff.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Motor accident case where Thia Tong Mui Phyllis sued Yam Chor Hua for personal injuries. The court assessed damages, addressing loss of earning capacity and future medical costs.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Thia Tong Mui PhyllisPlaintiffIndividualDamages assessedPartial
Yam Chor HuaDefendantIndividualDamages assessed against defendantLost

3. Judges

Judge NameTitleDelivered Judgment
Ho Su ChingAssistant RegistrarYes

4. Counsels

Counsel NameOrganization
Tan Chee KiongSeah Ong and Partners
Joseph GohVincent Lim and Joseph Goh
Leonard LimVincent Lim and Joseph Goh

4. Facts

  1. The plaintiff was injured in a motor accident on 21 February 2000.
  2. The defendant's car collided with the plaintiff's motorcycle.
  3. The plaintiff sustained injuries to her lumbar vertebra, right leg, left knee, and left hand.
  4. The plaintiff is a teacher at Deiyi Secondary School.
  5. The plaintiff was promoted twice in 3 years after the accident.
  6. The plaintiff claimed for loss of earning capacity, future medical procedures, and transport expenses.

5. Formal Citations

  1. Thia Tong Mui Phyllis v Yam Chor Hua, Suit 141/2003, NM 76/2003, [2004] SGHC 56

6. Timeline

DateEvent
Motor accident occurred
Interlocutory judgment entered against the defendant
Judgment issued

7. Legal Issues

  1. Assessment of Damages
    • Outcome: The court assessed damages for pain and suffering, medical expenses, loss of earnings during medical leave, and future medical procedures.
    • Category: Substantive
  2. Loss of Earning Capacity
    • Outcome: The court made no award for loss of earning capacity.
    • Category: Substantive
    • Related Cases:
      • [1994] 1 SLR 634
  3. Future Medical Costs
    • Outcome: The court awarded damages for PCL reconstruction, removal of implant at right leg, physiotherapy for the back, removal of implant in left thumb and cosmetic surgery for scars.
    • Category: Substantive
  4. Transport Claim
    • Outcome: The court made no award for the transport claim for purchase of motorcar and related expenses.
    • Category: Substantive

8. Remedies Sought

  1. General Damages
  2. Special Damages

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Motor Accident Claims
  • Civil Litigation

11. Industries

  • Education

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Teo Sing Keng v Sim Ban KiatN/AYes[1994] 1 SLR 634SingaporeCited for the principle that an award for loss of earning capacity is made when there is a risk that the plaintiff may lose employment in the future and be at a disadvantage in getting another job.

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

  • Motor accident
  • Personal injury
  • Loss of earning capacity
  • Future medical costs
  • Transport claim
  • Compression fracture
  • Interlocutory judgment
  • Orthopaedic surgeons
  • PCL reconstruction

15.2 Keywords

  • motor accident
  • personal injury
  • damages
  • loss of earning capacity
  • medical expenses
  • Singapore
  • High Court

17. Areas of Law

Area NameRelevance Score
Road Traffic Accident Law95
Personal Injury90
Assessment of Damages80
Automobile Accidents75
Measure of Damages60

16. Subjects

  • Personal Injury
  • Motor Accidents
  • Damages Assessment