Siew Pick Chiang v Hyundai: Damages Assessment for PTSD from Negligence
In the Singapore High Court case of Siew Pick Chiang v Hyundai Engineering & Construction Co Ltd, the court assessed damages for the plaintiff, Siew Pick Chiang, who suffered severe post-traumatic stress disorder (PTSD) after being struck by falling overhead cables from the defendant's worksite on 15 October 2009. The court found the defendant 100% liable and assessed damages, including medical expenses, loss of earnings, and pain and suffering. The court awarded a total of over $8.6 million in damages to the plaintiff.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for Plaintiff
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court assesses damages for Siew Pick Chiang, who suffered severe PTSD after being struck by falling cables due to Hyundai's negligence.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Hyundai Engineering & Construction Co Ltd | Defendant | Corporation | Judgment against Defendant | Lost | |
| Siew Pick Chiang | Plaintiff | Individual | Judgment for Plaintiff | Won | |
| Hong Realty (Private) Limited | Defendant | Corporation | Plaintiff elected to proceed against the main contractor only | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Michael Eu Hai Meng | United Legal Alliance LLC |
| Chong Pik Wah | Wong Thomas & Leong |
4. Facts
- Plaintiff was struck by falling cables from Defendant's worksite on 15 October 2009.
- Plaintiff suffered post-traumatic stress disorder (PTSD) as a result of the accident.
- Plaintiff was admitted to Gleneagles and Mount Elizabeth Hospitals multiple times.
- Plaintiff claimed around $26 million in special and general damages.
- Defendant was found 100% liable for the accident.
- Plaintiff's psychiatrist described her case as the worst she had seen.
- Plaintiff's pre-trial medical and hospital expenses were about $2.6 million.
5. Formal Citations
- Siew Pick Chiang v Hyundai Engineering and Construction Co Ltd and another, Suit No 754 of 2012 (Assessment of Damages No 19 of 2015), [2016] SGHC 266
6. Timeline
| Date | Event |
|---|---|
| Plaintiff struck by falling cables | |
| Plaintiff commenced action against Defendant | |
| Trial on liability began | |
| Interlocutory Judgment granted, Defendant 100% liable | |
| Assessment of damages hearing commenced | |
| Assessment of damages hearing re-commenced | |
| Assessment of damages hearing ended | |
| Judgment reserved |
7. Legal Issues
- Assessment of Damages for Post-Traumatic Stress Disorder
- Outcome: The court determined the appropriate amount of damages to be awarded for the plaintiff's PTSD and related medical expenses, loss of earnings, and future expenses.
- Category: Substantive
- Sub-Issues:
- Severity of PTSD
- Causation of medical issues
- Reasonableness of medical expenses
- Loss of earnings
- Future medical expenses
- Related Cases:
- [2016] SGHC 46
- Causation of Injuries
- Outcome: The court considered the extent to which the plaintiff's various medical conditions and losses were caused by the accident and her resulting PTSD.
- Category: Substantive
- Sub-Issues:
- Connection between accident and PTSD
- Relationship between PTSD and other medical conditions
- Impact of PTSD on Plaintiff's ability to work and care for herself and her child
- Reasonableness of Medical Expenses
- Outcome: The court assessed whether the medical expenses incurred by the plaintiff were reasonable and necessary, considering the nature and severity of her condition.
- Category: Substantive
- Sub-Issues:
- Necessity of hospitalizations
- Appropriateness of treatment methods
- Choice of medical facilities (private vs. restructured hospitals)
- Reasonableness of consultation frequency and charges
- Loss of Earning Capacity
- Outcome: The court determined the appropriate amount to be awarded for the plaintiff's loss of earning capacity, considering her pre-accident income and the likelihood of future employment.
- Category: Substantive
- Sub-Issues:
- Plaintiff's pre-accident income
- Likelihood of future employment
- Appropriate multiplier and multiplicand for calculating loss of future earnings
8. Remedies Sought
- Monetary Damages
- Special Damages
- General Damages
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury Litigation
- Civil Litigation
11. Industries
- Construction
- Healthcare
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Lee Mui Yeng v Ng Tong Yoo | High Court | Yes | [2016] SGHC 46 | Singapore | Cited to argue against compartmentalizing the plaintiff's psychiatric condition, specifically PTSD and depression. |
| Teo Ai Ling (by her next friend Chua Wee Bee) v Koh Chai Kwang | High Court | Yes | [2010] 2 SLR 1037 | Singapore | Cited in relation to the impairment of memory and cognitive injuries, specifically regarding the award amount for cognitive injuries including personality change. |
| Azmi bin Ahmad v Lee Po Hoon | District Court | Yes | [2005] SGDC 5 | Singapore | Cited as precedent for head injury resulting in headaches, giddiness and mild double vision. |
| Krishnasamy Rajendra v Jolly Wee Huat Choon | High Court | Yes | [1992] SGHC 189 | Singapore | Cited as precedent for fibromyalgia and the award amount for pain and suffering. |
| Shaw Linda Gillian v Chai Kang Wei Samuel | High Court | Yes | [2009] SGHC 187 | Singapore | Cited in relation to other injuries, specifically reduced dexterity, muscular strength, tone and co-ordination. |
| Quek Yen Fei Kenneth v Yeo Chye Huat | High Court | Yes | [2016] 3 SLR 1106 | Singapore | Cited regarding the interest rate awarded for general and special damages. |
| AOD (a minor suing by his litigation representative) v AOE | High Court | Yes | [2014] SGHCR 21 | Singapore | Cited to present the cost of a foreign full-time domestic help. |
| Toh Wai Sie and another v Rajendran s/o G Selamuthu | High Court | Yes | [2012] SGHC 33 | Singapore | Cited regarding the deduction of income tax from loss of future earnings. |
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
- Post-Traumatic Stress Disorder
- Assessment of Damages
- Negligence
- Multiplier
- Multiplicand
- Special Damages
- General Damages
- Loss of Earnings
- Medical Expenses
- Hospital Expenses
15.2 Keywords
- personal injury
- negligence
- damages
- post-traumatic stress disorder
- medical expenses
- loss of earnings
- singapore
- high court
- assessment
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Personal Injury | 95 |
| Damages Assessment | 90 |
| Post-Traumatic Stress Disorder | 70 |
| Civil Procedure | 50 |
| Evidence | 40 |
16. Subjects
- Personal Injury
- Negligence
- Damages
- Medical Law