Pierre Gupson v Wong Kok Huay: Personal Injury Claim - Assessment of Damages

In Pierre Gupson v Wong Kok Huay, the High Court of Singapore assessed damages for a personal injury claim. Pierre Gupson, a pedestrian, was injured when struck by a vehicle driven by Wong Kok Huay. The court awarded S$61,138.83 to Gupson, covering pain and suffering, loss of earning capacity, hospitalization and medical expenses, and transport expenses, after apportioning liability. The court declined to award damages for pre-trial loss of earnings and loss of future earnings.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Damages awarded in the sum of S$61,138.83 after apportionment to the Plaintiff.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

High Court assesses damages for personal injury claim after pedestrian was knocked down by a driver, focusing on loss of earnings and earning capacity.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Pierre GupsonPlaintiffIndividualPartial JudgmentPartial
Wong Kok HuayDefendantIndividualPartial LossPartial

3. Judges

Judge NameTitleDelivered Judgment
Paul QuanAssistant RegistrarYes

4. Counsels

Counsel NameOrganization
Alvin ChangM&A Law Corporation
Renuka ChettiarKaruppan Chettiar & Partners

4. Facts

  1. Plaintiff was knocked down by Defendant's vehicle on 26 January 2010.
  2. Plaintiff sustained an open comminuted fracture of his left distal tibia and fibula.
  3. Plaintiff also suffered contusion to his neck and back.
  4. Defendant admitted 85% liability for the accident.
  5. Plaintiff claimed for pain and suffering, loss of pre-trial earnings, loss of future earnings, and loss of earning capacity.
  6. Plaintiff was a professional dancer and dance instructor before the accident.
  7. Plaintiff ran a dance studio known as Attitude Dance Studio Pte Ltd (ADS).

5. Formal Citations

  1. Pierre Gupson v Wong Kok Huay, Suit No 772 of 2011, [2014] SGHCR 9

6. Timeline

DateEvent
Plaintiff knocked down by Defendant
Suit filed
Written closing submissions tendered
Further written submissions requested
Last of further written submissions tendered
Plaintiff appealed against assessment
Judgment reserved

7. Legal Issues

  1. Assessment of Damages
    • Outcome: The court assessed damages for pain and suffering, loss of earning capacity, hospitalization and medical expenses, and transport expenses.
    • Category: Substantive
  2. Loss of Earnings
    • Outcome: The court declined to award damages for pre-trial loss of earnings and loss of future earnings due to insufficient evidence.
    • Category: Substantive
  3. Loss of Earning Capacity
    • Outcome: The court awarded damages for loss of earning capacity, considering the risk of future deterioration of the Plaintiff's condition.
    • Category: Substantive

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Personal Injury Litigation

11. Industries

  • Dance
  • Entertainment

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Kanuvunaidu a/l Subramaniam v Goh Chan HowHigh CourtYes[2006] SGHC 126SingaporeCited for comparison of damages awarded for pain and suffering in a similar fracture injury case.
Wee Sia Tian v Long Thik BoonUnknownYes[1996] 2 SLR(R) 420SingaporeCited for the principle that damages for pre-trial loss of earnings are special damages that have to be strictly proved.
Chai Kang Wei Samuel v Shaw Linda GillianCourt of AppealYes[2010] 3 SLR 587SingaporeCited for the principle that loss of future earnings must be a real assessable loss proved by evidence.
Chang Ah Lek v Lim Ah KoonUnknownYes[1998] 3 SLR(R) 551SingaporeCited for the principle that loss of earning capacity is assessed in the round rather than using the multiplicand/multiplier approach.
Tan Teck Boon v Lee Gim Siong & orsHigh CourtYes[2011] SGHC 169SingaporeCited regarding the claim of cost of hiring a replacement as loss of pre-trial earnings.

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

  • Personal Injury
  • Damages Assessment
  • Loss of Earnings
  • Loss of Earning Capacity
  • Open Fracture
  • Osteoarthritis
  • Medical Expenses
  • Transport Expenses

15.2 Keywords

  • personal injury
  • damages
  • negligence
  • fracture
  • loss of earnings
  • earning capacity
  • Singapore
  • High Court

17. Areas of Law

Area NameRelevance Score
Personal Injury95
Automobile Accidents80
Damages Assessment75
Road Accident70
Measure of Damages60
Civil Procedure40
Civil Litigation30

16. Subjects

  • Personal Injury
  • Damages
  • Civil Litigation