AOD v AOE: Assessment of Damages for Quadriplegic Minor in Negligence Claim

In AOD (a minor suing by his litigation representative) v AOE, the Singapore High Court heard appeals from both the plaintiff, AOD, a minor rendered quadriplegic due to the defendant AOE's negligence, and the defendant, AOE, concerning the Assistant Registrar's assessment of damages. The High Court, on 20 October 2015, allowed the plaintiff's appeal in part, adjusting awards for pre-trial loss of earnings, future medical expenses, cost of future nursing care, future transport expenses, future expenses for daily consumables and essentials, and the plaintiff's loss of future earnings. The court also addressed the provisional damages order and costs, ultimately increasing the total damages awarded to the plaintiff.

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

Singapore High Court assesses damages for a minor rendered quadriplegic due to the defendant's negligence, addressing loss of earnings, future medical expenses, and gratuitous care.

1.7 Decision Date

19 October 2015

2. Parties and Outcomes

Party Name	Role	Type	Outcome	Outcome Type	Counsels
AOD (a minor suing by his litigation representative)	Plaintiff, Appellant	Individual	Appeal allowed in part	Partial	Michael Han Hean Juan
AOE	Defendant, Respondent	Individual	Appeal dismissed in part	Lost	Teo Weng Kie, Shahira Anuar

3. Judges

Judge Name	Title	Delivered Judgment
George Wei	Judge	Yes

4. Counsels

Counsel Name	Organization
Michael Han Hean Juan	Hoh Law Corporation
Teo Weng Kie	Tan Kok Quan Partnership
Shahira Anuar	Tan Kok Quan Partnership

4. Facts

The Plaintiff, a 9-year-old boy, was knocked down by a vehicle driven by the Defendant.
The Plaintiff sustained severe, permanent injuries, resulting in quadriplegia.
The Plaintiff's life expectancy was reduced to 38 years old.
Interlocutory judgment was entered against the Defendant for 100% liability.
The Assistant Registrar awarded the Plaintiff a global sum of $1,252,825.86 with interest.
Both parties appealed against the Assistant Registrar's decision.
The Plaintiff's mother stopped working to become a full-time caregiver.

5. Formal Citations

AOD (a minor suing by his litigation representative) v AOE, Suit No 1054 of 2012 (Registrar's Appeals Nos 377 and 383 of 2014), [2015] SGHC 272

6. Timeline

Date	Event
2011-07-06	Plaintiff knocked down by vehicle driven by Defendant
2012-12-13	Plaintiff commenced suit against Defendant
2013-07-31	Interlocutory judgment entered against Defendant
2014-11-21	Assistant Registrar delivered judgment
2015-10-20	Judgment reserved

7. Legal Issues

Assessment of Damages
- Outcome: The court adjusted the awards for various heads of damages, including loss of earnings, future medical expenses, and cost of future nursing care.
- Category: Substantive
- Sub-Issues:
  - Multiplier for future expenses
  - Loss of future earnings
  - Cost of future nursing care
  - Future medical expenses
  - Gratuitous care
- Related Cases:
  - [1998] 3 SLR(R) 551
  - [2013] 4 SLR 718
  - [2004] 2 SLR(R) 392
  - [2013] 4 SLR 381
  - [1956] AC 185
  - [2014] 3 SLR 702
  - [2012] 3 SLR 1003
  - [2004] 3 SLR(R) 543
  - [2012] 3 SLR 496
  - [2004] 2 SLR(R) 361
  - [2012] 2 SLR 85
  - [1994] 2 AC 350
  - [1974] 1 QB 454
  - [1993] 1 SLR(R) 407
  - [2010] 2 SLR 1037
  - [1985-1986] SLR(R) 931
  - [2010] SGHC 371
  - [2011] SGHC 76
  - [2006] 3 SLR(R) 208
  - [1995] PIQR Q1
  - [2002] P.I.Q.R. Q5
  - [1986] 1 All ER 332
  - [1996] PIQR Q72
  - [1978] 3 WLR 955
  - [1981] 2 WLR 248
  - [1981–1982] SLR(R) 643
  - [1993] 2 SLR(R) 290
  - [2008] SGHC 33
  - [1982] 1 WLR 71
  - [2008] P.I.Q.R. P9
  - [2011] 3 SLR 610
  - [1991] 1 SLR(R) 22
  - [2009] SGHC 217
  - [2012] 4 SLR 98
Lost Years Claim
- Outcome: The court allowed the Plaintiff's claim for loss of earnings during the lost years, awarding additional damages.
- Category: Substantive
- Sub-Issues:
  - Assessment of damages for lost years
  - Deduction of living expenses
  - Relevance of dependants
- Related Cases:
  - [1978] 3 WLR 955
  - [1981] 2 WLR 248
  - [1981–1982] SLR(R) 643
  - [1993] 2 SLR(R) 290
  - [2008] SGHC 33
  - [1982] 1 WLR 71
  - [2008] P.I.Q.R. P9
Provisional Damages
- Outcome: The court allowed the Plaintiff to apply for future damages if he requires a permanent tracheostomy within five years of the judgment.
- Category: Procedural
- Sub-Issues:
  - Sufficiency of pleadings
  - Time frame for application
- Related Cases:
  - [2009] SGHC 217
  - [2012] 4 SLR 98

8. Remedies Sought

Monetary Damages
Provisional Damages

9. Cause of Actions

Negligence

10. Practice Areas

Personal Injury Litigation
Civil Litigation

11. Industries

No industries specified

12. Cited Cases

Case Name	Court	Affirmed	Citation	Jurisdiction	Significance
Chang Ah Lek v Lim Ah Koon	High Court	Yes	[1998] 3 SLR(R) 551	Singapore	Cited to establish that a High Court judge hears a Registrar’s Appeal on assessment of damages as if the matter came before him for the first time.
Tan Boon Heng v Lau Pang Cheng David	Court of Appeal	Yes	[2013] 4 SLR 718	Singapore	Cited to explain the confirmatory jurisdiction of a judge in chambers hearing a Registrar's Appeal and the discretion to admit new evidence.
Lassiter Ann Masters v To Keng Lam (alias Toh Jeanette)	High Court	Yes	[2004] 2 SLR(R) 392	Singapore	Cited regarding the judge's discretion to admit new evidence and recall witnesses in a Registrar's Appeal.
Swiss Butchery Pte Ltd v Huber Ernst and others and another suit	High Court	Yes	[2013] 4 SLR 381	Singapore	Cited as an example where the High Court recalled witnesses in a Registrar’s Appeal on assessment of damages.
British Transport Commission v Gourley	House of Lords	Yes	[1956] AC 185	England and Wales	Cited to distinguish between special and general damages in personal injury claims.
Lai Wai Keong Eugene v Loo Wei Yen	Court of Appeal	Yes	[2014] 3 SLR 702	Singapore	Cited regarding the appropriate multiplier for future expenses based on life expectancy.
Poh Huat Heng Corp Pte Ltd and others v Hafizul Islam Kofil Uddin	Court of Appeal	Yes	[2012] 3 SLR 1003	Singapore	Cited regarding the approaches to determining the appropriate multiplier for future expenses.
TV Media Pte Ltd v De Cruz Andrea Heidi and another appeal	High Court	Yes	[2004] 3 SLR(R) 543	Singapore	Cited as a case precedent for determining the multiplier for future expenses.
Tan Juay Mui (by his next friend Chew Chwee Kim) v Sher Kuan Hock and another (Liberty Insurance Pte Ltd, co-defendant; Liberty Insurance Pte Ltd and another, third parties)	High Court	Yes	[2012] 3 SLR 496	Singapore	Cited as a case precedent for determining the multiplier for future expenses.
Ang Leng Hock v Leo Ee Ah	High Court	Yes	[2004] 2 SLR(R) 361	Singapore	Cited as a case precedent for determining the multiplier for future expenses.
Lee Wei Kong (by his litigation representative Lee Swee Chit) v Ng Siok Tong	Court of Appeal	Yes	[2012] 2 SLR 85	Singapore	Cited to clarify that damages for mother's loss of future earnings are concerned with loss to the Plaintiff, not the mother.
Hunt v Severs	House of Lords	No	[1994] 2 AC 350	England and Wales	Cited regarding the controversy over whether damages for gratuitous care should be held on trust for the caregiver.
Donnelly v Joyce	Queen's Bench	Yes	[1974] 1 QB 454	England and Wales	Cited as authority for the proposition that a reasonable value of gratuitous care should be awarded to the Plaintiff as damages.
Toon Chee Meng Eddie v Yeap Chin Hon	High Court	No	[1993] 1 SLR(R) 407	Singapore	Cited by the Defendant for the proposition that the appropriate multiplicand for homemakers is around $300.
Teo Ai Ling (by her next friend Chua Wee Bee) v Koh Chai Kwang	High Court	Yes	[2010] 2 SLR 1037	Singapore	Cited to caution courts not to assume that women will stop work simply because of their gender.
Ang Eng Lee and another v Lim Lye Soon	High Court	Yes	[1985-1986] SLR(R) 931	Singapore	Cited to support the starting point of assessing loss of future income based on pre-accident income.
Lee Wei Kong (by his litigation representative Lee Swee Chit) v Ng Siok Tong	High Court	No	[2010] SGHC 371	Singapore	Cited regarding the reasonableness of claims for a caregiver's loss of earnings.
Tan Teck Boon v Lee Gim Siong and others	High Court	Yes	[2011] SGHC 76	Singapore	Cited regarding the approach of awarding the cost of employing a maid or nurse where evidence on the victim's father's pre-accident income was inadequate.
Chong Hwa Yin (committee of person an estate of Chong Hwa Wee, mentally disordered) v Estate of Loh Hon Fock, deceased	High Court	No	[2006] 3 SLR(R) 208	Singapore	Cited regarding the method of assessing the mother's cost of care.
Fairhurst v St Helens and Knowsley Health Authority	Queen's Bench	Yes	[1995] PIQR Q1	England and Wales	Cited regarding the two broad approaches to assessing the cost of care gratuitously provided by family or friends.
Evans v Pontypridd Roofing Limited	Court of Appeal	Yes	[2002] P.I.Q.R. Q5	England and Wales	Cited regarding the assessment of proper recompense for services provided gratuitously by a family carer.
Housecroft v Burnett	Court of Appeal	Yes	[1986] 1 All ER 332	England and Wales	Cited regarding the principle that an objective of the assessment is to provide proper recompense to the caregiver.
Fitzgerald v Ford	Court of Appeal	Yes	[1996] PIQR Q72	England and Wales	Cited regarding the award for gratuitous caregiving based on loss of earnings.
Pickett (Administratix of the Estate of Ralph Henry Pickett Deceased) v British Rail Engineering Ltd	House of Lords	Yes	[1978] 3 WLR 955	England and Wales	Cited as a key authority on lost years claims, holding that a living plaintiff does have a lost years claim.
Gammell v Wilson	House of Lords	Yes	[1981] 2 WLR 248	England and Wales	Cited regarding the application of Pickett v British Rail and the concerns about double recovery.
Low Kok Tong v Teo Chan Pan	Court of Appeal	Yes	[1981–1982] SLR(R) 643	Singapore	Cited as a Singapore case following Gammell v Wilson and allowing an Estate Claim.
Au Yeong Wing Loong v Chew Hai Ban and another	High Court	Yes	[1993] 2 SLR(R) 290	Singapore	Cited as a case where the High Court awarded the plaintiff future loss of earnings for the period in which his working life was shortened.
Ramesh s/o Ayakanno (suing by the committee of the person and the estate, Ramiah Naragatha Vally) v Chua Gim Hock	High Court	Yes	[2008] SGHC 33	Singapore	Cited to affirm that an award for loss of future earnings was to compensate the plaintiff for losses he would not have incurred but for the accident.
Croke v Wiseman	Court of Appeal	No	[1982] 1 WLR 71	England and Wales	Cited regarding the rejection of a lost years claim for a young plaintiff due to the difficulty of assessing damages and the absence of dependants.
Iqbal v Whipps Cross University Hospital NHS Trust	Court of Appeal	No	[2008] P.I.Q.R. P9	England and Wales	Cited regarding the comments on the difficulty of assessing damages and the absence of dependants in lost years claims.
Koh Chai Kwang v Teo Ai Ling (by her next friend, Chua Wee Bee)	Court of Appeal	Yes	[2011] 3 SLR 610	Singapore	Cited regarding the consideration of salary increments over a plaintiff's working life in determining the multiplicand.
Peh Diana and another v Tan Miang Lee	High Court	Yes	[1991] 1 SLR(R) 22	Singapore	Cited regarding the approach to be taken by Singapore courts in assessing the multiplicand for a young plaintiff's loss of future earnings.
ACD (by her next friend B) v See Mun Li	High Court	Yes	[2009] SGHC 217	Singapore	Cited regarding the specificity required in pleading a claim for provisional damages.
PT Prima International Development v Kempinski Hotels SA and other appeals	Court of Appeal	Yes	[2012] 4 SLR 98	Singapore	Cited regarding the object of pleadings and the consideration of prejudice from lack of notice.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute Name	Jurisdiction
Rules of Court	Singapore
Civil Law Act	Singapore

15. Key Terms and Keywords

15.1 Key Terms

Quadriplegia
Assessment of damages
Loss of future earnings
Future medical expenses
Gratuitous care
Multiplier
Multiplicand
Lost years claim
Provisional damages
Tracheostomy

15.2 Keywords

negligence
personal injury
damages
assessment
quadriplegic
minor
Singapore
High Court

16. Subjects

Personal Injury
Damages
Negligence

17. Areas of Law

Tort Law
Negligence
Personal Injury Law
Civil Procedure
Damages Assessment