Teddy, Thomas v Teacly (S) Pte Ltd: Assessment of Damages for Personal Injury

In Teddy, Thomas v Teacly (S) Pte Ltd, the High Court of Singapore heard an appeal by Teacly (S) Pte Ltd against the assessment of damages payable to Thomas Teddy, who was injured in an accident. The first defendant settled the claim separately. Judith Prakash J allowed the appeal in part, setting aside the Assistant Registrar's awards for loss of pre-trial earnings and loss of future earnings, and instead awarded $180,000 for loss of earning capacity. The award for pain and suffering made by the Assistant Registrar stands.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal allowed in part.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal against assessment of damages for personal injury. The court allowed the appeal in part, setting aside awards for loss of earnings.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Teddy, ThomasPlaintiff, RespondentIndividualAppeal allowed in partPartial
Teacly (S) Pte LtdDefendant, AppellantCorporationAppeal allowed in partPartial

3. Judges

Judge NameTitleDelivered Judgment
Judith PrakashJudgeYes

4. Counsels

Counsel NameOrganization
Andrew John HanamAndrew LLC
M RamasamyM Rama Law Corporation
Nagaraja S ManiamM Rama Law Corporation
Gokul HaridasM Rama Law Corporation

4. Facts

  1. Plaintiff was a passenger in a taxi that was hit by a lorry belonging to the defendant.
  2. Plaintiff had a stroke in 2009 and underwent surgery in July 2010 for cervical myelo-radiculopathy.
  3. Plaintiff claimed to have recovered from the first surgery by October 2010 and was seeking new opportunities.
  4. Plaintiff experienced loss of sensation in his hands and arms after the accident.
  5. An MRI after the accident showed fractures and indentations in the plaintiff's cervical spine.
  6. Plaintiff underwent a second surgery after the accident but experienced little improvement.
  7. Plaintiff was 58 years old at the time of the accident and had worked in the oil and gas industry.

5. Formal Citations

  1. Teddy, Thomas v Teacly (S) Pte Ltd, Suit No 33 of 2012 (Registrar's Appeal No 367 of 2013), [2014] SGHC 226

6. Timeline

DateEvent
Plaintiff suffered a stroke.
Plaintiff consulted Dr. Tang Kok Foo.
Dr. Tang issued a report diagnosing cervical myelopathy and diabetic neuropathy.
Plaintiff consulted Dr. Premkumar Kandasamy Pillay.
Plaintiff underwent first surgery.
Plaintiff started marketing in the oil and gas industry.
Memorandum of Understanding signed for joint venture project in India.
Plaintiff was involved in an accident.
MRI of plaintiff's cervical spine conducted.
Plaintiff underwent second surgery.
Dr. Pillay estimated plaintiff had 70% permanent disability.
Plaintiff commenced proceedings against the taxi-driver and the defendant.
Plaintiff's legs gave way.
Dr. Tang issued Specialist Medical Report.
Assessment of damages took place.
Assessment of damages took place.
Plaintiff's counsel conceded they had not proven fractures were caused by the accident.
Assistant Registrar delivered judgment.
Judgment reserved.
Decision Date

7. Legal Issues

  1. Causation of Injuries
    • Outcome: The court found that the accident caused the plaintiff's pain and disabilities.
    • Category: Substantive
    • Sub-Issues:
      • Pre-existing conditions
      • Effectiveness of prior surgery
      • Impact of accident on spinal condition
  2. Assessment of Damages for Pain and Suffering
    • Outcome: The court upheld the Assistant Registrar's award of $60,000 for pain and suffering.
    • Category: Substantive
  3. Assessment of Damages for Loss of Earnings
    • Outcome: The court set aside the awards for loss of pre-trial earnings and loss of future earnings, and instead awarded $180,000 for loss of earning capacity.
    • Category: Substantive
    • Sub-Issues:
      • Calculation of multiplicand
      • Pre-accident earning capacity
      • Post-accident earning capacity
  4. Loss of Earning Capacity
    • Outcome: The court awarded $180,000 for loss of earning capacity.
    • Category: Substantive

8. Remedies Sought

  1. Damages for pain and suffering
  2. Medical expenses
  3. Loss of pre-trial earnings
  4. Loss of future earnings
  5. Loss of earning capacity

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Personal Injury Litigation
  • Civil Litigation

11. Industries

  • Oil and Gas

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Ng Chee Wee v Tan Chin SengHigh CourtYes[2013] SGHC 54SingaporeCited for the approach to calculate the appropriate multiplicand to be applied in assessing damages for loss of earnings.
Pang Tim Fook Paul v Ang Swee KoonDistrict CourtYes[2005] SGDC 258SingaporeCited to support the contention that damages awarded for pain and suffering should be reduced to take into account the plaintiff’s pre-existing medical conditions.
Chai Kang Wei Samuel v Shaw Linda GillianCourt of AppealYes[2010] 3 SLR 587SingaporeCited for the distinction between loss of earnings and loss of earning capacity.
Teo Sing Keng v Sim Ban KiatN/AYes[1994] 1 SLR(R) 340SingaporeCited for the principle that an award for loss of earning capacity should be made where there is no available evidence of the plaintiff’s earnings to enable the court to properly calculate future earnings.
Teo Seng Kiat v Goh Hwa TeckN/AYes[2003] 1 SLR(R) 333SingaporeCited for the principle that damages awarded under the head of loss of earning capacity are speculative and difficult to assess.
Clark Jonathan Michael v Lee Khee ChungN/AYes[2010] 1 SLR 209SingaporeCited for the principle that the assessment for damages for loss of earning capacity can be an exercise in speculation.

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
  • Personal injury
  • Cervical myelopathy
  • Diabetic neuropathy
  • Loss of earnings
  • Loss of earning capacity
  • Multiplicand
  • Multiplier
  • Pre-existing conditions
  • Pain and suffering

15.2 Keywords

  • personal injury
  • damages
  • negligence
  • loss of earnings
  • Singapore
  • High Court

17. Areas of Law

Area NameRelevance Score
Personal Injury90
Damages80
Assessment of Damages75
Negligence70
Loss of Earning Capacity65
Automobile Accidents60
Evidence50
Medical Negligence45
Civil Procedure40
Judgments and Orders30

16. Subjects

  • Personal Injury
  • Damages
  • Civil Litigation