Choy Kuo Wen Eddie v Soh Chin Seng: Motorcycle Accident, Tort, and Damages Assessment
In Choy Kuo Wen Eddie v Soh Chin Seng, the High Court of Singapore, presided over by AR Chew Chin Yee on 8 July 2008, addressed a claim for damages resulting from a motorcycle accident. The court assessed damages for special damages, pain and suffering, loss of pre-trial earnings, and loss of earning capacity, ultimately awarding the Plaintiff specific sums under each category. The Defendant was found 20% liable.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for the Plaintiff with specific damages awarded for special damages, pain and suffering, loss of pre-trial earnings, and loss of earning capacity.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
High Court judgment for Choy Kuo Wen Eddie v Soh Chin Seng regarding damages from a motorcycle accident, assessing loss of earnings and earning capacity.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Choy Kuo Wen Eddie | Plaintiff | Individual | Judgment for Plaintiff | Won | |
| Soh Chin Seng | Defendant | Individual | Partial Liability | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chew Chin Yee | Assistant Registrar | Yes |
4. Counsels
4. Facts
- The Plaintiff was involved in a motorcycle accident on 14 November 2003.
- The Plaintiff suffered extensive injuries, including a right brachial plexus injury and subarachnoid haemorrhage.
- The Plaintiff was hospitalized for 40 days and underwent multiple surgeries.
- Consent interlocutory judgment was entered at 20% liability for the Defendant.
- The Plaintiff was re-employed by Chevron Phillips in November 2006 as a material coordinator.
- Medical reports indicated some limitation in the range of movement of the Plaintiff’s right shoulder.
5. Formal Citations
- Choy Kuo Wen Eddie v Soh Chin Seng, Suit 711/2006 (NA 10/2008), [2008] SGHC 113
6. Timeline
| Date | Event |
|---|---|
| Motorcycle accident occurred | |
| Medical report from National University Hospital issued | |
| Chevron Phillips letter regarding Plaintiff's pay | |
| Dr. WC Chang's medical report issued | |
| Consent interlocutory judgment entered | |
| Judgment issued |
7. Legal Issues
- Assessment of Damages for Personal Injury
- Outcome: The court assessed and awarded damages for special damages, pain and suffering, loss of pre-trial earnings, and loss of earning capacity.
- Category: Substantive
- Sub-Issues:
- Loss of pre-trial earnings
- Loss of earning capacity
- Pain and suffering
- Loss of amenities
- Loss of Earning Capacity
- Outcome: The court awarded damages for loss of earning capacity as an alternate measure, considering the Plaintiff's shoulder handicap and its impact on future employment.
- Category: Substantive
- Sub-Issues:
- Impact of physical handicap on future employment prospects
- Risk of future job loss due to injury
8. Remedies Sought
- Monetary Damages
- Compensation for medical expenses
- Compensation for loss of earnings
- Compensation for pain and suffering
9. Cause of Actions
- Negligence
- Personal Injury
10. Practice Areas
- Motorcycle Accident Claims
- Personal Injury Litigation
11. Industries
- Petrochemical
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Moeliker v Reyrolle & Co | English Court of Appeal | Yes | [1977] 1 WLR 132 | England and Wales | Cited for the principle that loss of earning capacity can be claimed even if the plaintiff is currently employed. |
| Araveanthan and Another v Nippon Pigment (S) Pte Ltd | High Court | Yes | [1992] 1 SLR 545 | Singapore | Cited as an example where the court examined claims for both loss of future earnings and loss of earning capacity. |
| Chow Khai Hong v Tham Sek Khow | High Court | Yes | [1992] 1 SLR 5 | Singapore | Cited as an example of the 'cumulative measure' category for awarding damages. |
| Neo Kim Seng v Clough Petrosea Pte Ltd | High Court | Yes | [1996] 3 SLR 522 | Singapore | Cited as an example of the 'cumulative measure' category for awarding damages. |
| Choong Peng Kong v Koh Hong Son | High Court | Yes | [2003] 4 SLR 225 | Singapore | Cited as an example of the 'cumulative measure' category for awarding damages. |
| Teo Sing Keng and Another v Sim Ban Kiat | Court of Appeal | Yes | [1994] 1 SLR 634 | Singapore | Cited for the principle that an award for loss of earning capacity is generally made where there is no available evidence of the plaintiff’s earnings to enable the court to properly calculate future earnings. |
| Karrupiah Nirmala v Singapore Bus Services Ltd | High Court | Yes | [2002] 3 SLR 415 | Singapore | Cited as an example where the court substituted an award for loss of earning capacity instead of for loss of future earnings. |
| Teo Seng Kiat v Goh Hwa Teck | High Court | Yes | [2003] 1 SLR 333 | Singapore | Cited by the Defendant for the proposition that loss of earnings and loss of earning capacity are alternative and not cumulative. |
| Low Swee Tong v Liew Machinery (Pte) Ltd | High Court | Yes | [1993] 3 SLR 89 | Singapore | Cited as support for awarding loss of earning capacity where there is a clear handicap affecting the Plaintiff's earning ability. |
| Muhamed Ilyas bin Mirza Abdul Hamid v Kwek Khim Hui | High Court | Yes | [2004] SGHC 12 | Singapore | Cited by the Plaintiff for the claim for pain and suffering/loss of amenities in respect of head injuries. |
| Siti Rabiah bte Ahmad v Abu bin Nachak | High Court | Yes | S 1328/1997 | Singapore | Cited by the Plaintiff for the claim for pain and suffering/loss of amenities in respect of head injuries. |
| Ang Siam Hua v Teo Cheng Ho | High Court | Yes | [2004] SGHC 147 | Singapore | Cited by the Plaintiff for the claim for pain and suffering/loss of amenities in respect of head injuries. |
| Koh Lu Kuang v Abdul Jalil bin Kader Hussien | District Court | Yes | DC Suit 4293/98 | Singapore | Cited by the Defendant for the claim for pain and suffering/loss of amenities in respect of head injuries. |
| Yeong Kim Lan v Salim bin Ahmad & Anor | Magistrate Court | Yes | MC Suit 5475/95 | Singapore | Cited by the court as a useful guide for the claim for pain and suffering/loss of amenities in respect of lung injury. |
| Teo Liang Heng v Tan Cher Cheng | District Court | Yes | DC Suit No 1016 of 1996 | Singapore | Cited by the court for the claim for pain and suffering/loss of amenities in respect of right shoulder and arm injuries. |
| Chin Swee Min v Nor Nizar bin Mohd | High Court | Yes | [2004] SGHC 27 | Singapore | Cited by the court for the claim for pain and suffering/loss of amenities in respect of right shoulder and arm injuries. |
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
- Motorcycle accident
- Personal injury
- Damages assessment
- Loss of earnings
- Loss of earning capacity
- Pain and suffering
- Medical expenses
- Shoulder injury
- Brachial plexus injury
- Subarachnoid haemorrhage
15.2 Keywords
- Motorcycle accident
- Personal injury
- Damages
- Loss of earnings
- Loss of earning capacity
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Personal Injury | 90 |
| Road Traffic Accident Law | 80 |
| Automobile Accidents | 70 |
| Damages | 60 |
| Assessment of Damages | 50 |
| Measure of Damages | 50 |
| Loss of Earning Capacity | 50 |
| Civil Procedure | 30 |
| Evidence | 20 |
16. Subjects
- Tort
- Personal Injury
- Damages