Quek Yen Fei Kenneth v Yeo Chye Huat: Damages for Personal Injuries from Traffic Accident
In Quek Yen Fei Kenneth v Yeo Chye Huat, the High Court of Singapore addressed the assessment of damages for the plaintiff, Quek Yen Fei Kenneth, who sustained severe injuries, including the amputation of his right leg, due to the defendant, Yeo Chye Huat's negligence in a traffic accident on 11 August 2011. The court determined the appropriate compensation for pain and suffering, future medical expenses, loss of earning capacity, and other special damages. The court awarded the plaintiff a total of $452,509.41 in damages, inclusive of interest.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Judgment for Plaintiff
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court assessed damages for a plaintiff who suffered severe injuries, including leg amputation, due to the defendant's negligence in a traffic accident.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Quek Yen Fei Kenneth | Plaintiff | Individual | Judgment for Plaintiff | Won | |
| Yeo Chye Huat | Defendant | Individual | Judgment against Defendant | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| N. Srinivasan | Hoh Law Corporation |
| Renuka Chettiar | Karuppan Chettiar & Partners |
4. Facts
- On 11 August 2011, the defendant's taxi collided with the plaintiff's motorcycle.
- The plaintiff suffered severe injuries, including a mangled right foot and a fractured right collarbone.
- The plaintiff's right leg was amputated below the knee.
- The defendant admitted negligence, but the extent of liability was disputed.
- The plaintiff claimed damages for pain and suffering, medical expenses, and loss of earnings.
- The plaintiff had a history of wrist fractures from a prior accident.
- The plaintiff purchased two motorcycles after being fitted with a K3 prosthesis.
5. Formal Citations
- Quek Yen Fei Kenneth v Yeo Chye Huat, Suit No 695 of 2012, [2016] SGHC 96
- Quek Yen Fei Kenneth v Yeo Chye Huat, , [2013] SGHC 132
6. Timeline
| Date | Event |
|---|---|
| Accident occurred | |
| Lawsuit filed | |
| Defendant appealed | |
| Interim payment of $50,000 paid by defendant | |
| Appeal withdrawn | |
| Assessment of damages commenced | |
| Decision on assessment of damages given | |
| Plaintiff filed Notice of Appeal | |
| Defendant filed Notice of Appeal | |
| Hearing in chambers | |
| Judgment issued |
7. Legal Issues
- Assessment of Damages
- Outcome: The court assessed damages for pain and suffering, future medical expenses, loss of earning capacity, and pre-trial loss of earnings, and awarded interest.
- Category: Substantive
- Sub-Issues:
- Pain and suffering
- Future medical expenses
- Loss of earning capacity
- Pre-trial loss of earnings
- Interest
- Contributory Negligence
- Outcome: The court found the defendant to be the sole cause of the accident and gave judgment for the plaintiff with damages to be assessed at 100% liability on the part of the defendant.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ng Chee Wee v Tan Chin Seng | High Court | Yes | [2013] SGHC 54 | Singapore | Cited to determine damages for pain and suffering caused by a severe degloving injury, albeit without amputation. |
| Pang Teck Kong v Chew Eng Hwa | High Court | Yes | [1992] SGHC 31 | Singapore | Cited as a precedent for damages awarded for pain and suffering caused by the amputation of a leg. |
| Mei Yue Lan Margaret v Raffles City (Pte) Ltd | High Court | Yes | [2005] 4 SLR(R) 740 | Singapore | Cited as a precedent for damages awarded to a victim who had developed Reflex Sympathetic Dystrophy after a severe injury to her right leg. |
| Ong Zern Chern Philip v Wong Siang Meng | High Court | Yes | [2004] SGHC 256 | Singapore | Cited as a precedent for damages awarded for collarbone injuries. |
| Ting Heng Mee v Sin Sheng Fresh Fruits Pte Ltd | High Court | Yes | [2004] SGHC 43 | Singapore | Cited as a precedent for damages awarded for collarbone injuries. |
| Seek Tiong Hock v Heng William (Wang William) and Another | District Court | Yes | [2005] SGDC 239 | Singapore | Cited as a precedent for damages awarded for facial scarring. |
| TV Media Pte Ltd v De Cruz Andrea Heidi and another appeal | Court of Appeal | Yes | [2004] 3 SLR(R) 543 | Singapore | Cited to determine the appropriate multiplier to be used to assess the damages awardable for the plaintiff’s future medical expenses. |
| Teo Seng Kiat v Goh Hwa Teck | High Court | Yes | [2003] 1 SLR(R) 333 | Singapore | Cited to determine the appropriate multiplier to be used in the assessment of loss of earning capacity and loss of future earnings. |
| Teo Ai Ling (by her next friend Chua Wee Bee) v Koh Chai Kwang | High Court | Yes | [2010] 2 SLR 1037 | Singapore | Cited to determine the appropriate multiplier to be used in the assessment of loss of earning capacity and loss of future earnings. |
| Choong Peng Kong v Koh Hong Son | High Court | Yes | [2003] 4 SLR(R) 225 | Singapore | Cited to determine the appropriate multiplier to be used in the assessment of loss of earning capacity and loss of future earnings. |
| Ong Ah Long v Dr S Underwood | High Court | Yes | [1983] 2 MLJ 324 | Malaysia | Cited to determine the requirements for awarding damages for loss of future earnings. |
| Teo Sing Keng and another v Sim Ban Kiat | Court of Appeal | Yes | [1994] 1 SLR(R) 340 | Singapore | Cited with approval for the principle in Ong Ah Long v Dr S Underwood. |
| Lai Chi Kay and others v Lee Kuo Shin | High Court | Yes | [1981-1982] SLR(R) 71 | Singapore | Cited to support the grant of loss of future earnings even if the individual has not embarked on a stable career. |
| Koh Chai Kwang v Teo Ai Ling | Court of Appeal | Yes | [2011] 3 SLR 610 | Singapore | Cited to support the grant of loss of future earnings even if there is a broad range of career opportunities available to the plaintiff. |
| Jefford v Gee | Queen's Bench | Yes | [1970] 2 QB 130 | England and Wales | Cited to determine the date from which interest for general damages in respect of pain and suffering should accrue. |
| CCM Industrial Pte Ltd v Uniquetech Pte Ltd | High Court | Yes | [2009] 2 SLR(R) 20 | Singapore | Cited to support the court's discretion to determine the question of costs. |
13. Applicable Rules
| Rule Name |
|---|
| Order 22A Rule 9 of the Rules of Court |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Amputation
- Prosthesis
- Loss of earning capacity
- Future medical expenses
- Pain and suffering
- Multiplier
- Interim payment
- Offer to settle
- Neuroma
- Aqua limb
15.2 Keywords
- Personal injury
- Damages
- Negligence
- Amputation
- Traffic accident
- Singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Personal Injury | 95 |
| Measure of Damages | 95 |
| Automobile Accidents | 70 |
| Road Traffic Accident Law | 65 |
| Damages | 60 |
| Civil Procedure | 40 |
| Evidence | 30 |
| Phantom Limb Pain | 30 |
16. Subjects
- Personal Injury
- Damages
- Motor Vehicle Accident