Ng Hua Bak v. Eu Kok Thai: Assessment of Damages for Taxi Driver's Accident Injuries

In Ng Hua Bak v. Eu Kok Thai, the High Court of Singapore assessed damages for the Plaintiff, Ng Hua Bak, a taxi driver injured in a traffic accident caused by the Defendant, Eu Kok Thai. The court awarded the Plaintiff $227,165.66, accounting for pain and suffering, loss of future earnings, future medical and transport expenses, pre-trial loss of earnings, and medical expenses. The primary legal issues involved the extent of the Plaintiff's injuries, including neck injuries and dysphagia, and the calculation of loss of earnings.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Judgment for Plaintiff

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Assessment of damages for a taxi driver injured in a traffic accident, focusing on neck injuries, dysphagia, and loss of earnings. Judgment awards $227,165.66.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Ng Hua BakPlaintiffIndividualJudgment for PlaintiffWon
Eu Kok ThaiDefendantIndividualJudgment against DefendantLost

3. Judges

Judge NameTitleDelivered Judgment
Jay Lee YuxianAssistant RegistrarYes

4. Counsels

Counsel NameOrganization
Felicia ChainLegal Clinic LLC
Simon YuenLegal Clinic LLC
Gerald SooLegal Clinic LLC
Anthony WeeUnited Legal Alliance

4. Facts

  1. The Plaintiff was a 69-year-old taxi driver at the time of the accident.
  2. The Plaintiff suffered a prolapse injury to his cervical spine due to the accident.
  3. The Plaintiff underwent two fusion surgeries to address his neck injuries.
  4. The Plaintiff experienced dysphagia following the first surgery.
  5. The Plaintiff continues to suffer from some degree of reduction in power to his left hand grip.
  6. The Plaintiff was diagnosed with small fibre neuropathy unrelated to the accident.
  7. The mandatory retirement age for taxi drivers in Singapore is 75 years old.

5. Formal Citations

  1. Ng Hua Bak v Eu Kok Thai, Suit No 1351 of 2014 (Assessment of Damages No 43 of 2015), [2016] SGHCR 12

6. Timeline

DateEvent
Traffic accident occurred
Plaintiff underwent first surgery
Plaintiff underwent second surgery
Interlocutory judgment entered by Consent
Assessment of Damages hearing began
Assessment of Damages hearing
Assessment of Damages hearing
Assessment of Damages hearing
Judgment reserved

7. Legal Issues

  1. Assessment of Damages for Neck Injury
    • Outcome: The court awarded $40,000 for pain and suffering related to the neck and whiplash injury.
    • Category: Substantive
    • Sub-Issues:
      • Severity of whiplash injury
      • Restriction of neck movement
      • Neurological deficits
    • Related Cases:
      • [2009] SGHC 204
      • [2008] 1 SLR 178
      • [2014] SGHC 226
  2. Assessment of Damages for Dysphagia and Odynophagia
    • Outcome: The court awarded $7,000 for dysphagia and odynophagia.
    • Category: Substantive
    • Sub-Issues:
      • Difficulty in swallowing
      • Painful swallowing
    • Related Cases:
      • [2009] SGHC 187
  3. Pre-Trial Loss of Earnings
    • Outcome: The court awarded $154,938.75 for pre-trial loss of earnings.
    • Category: Substantive
    • Sub-Issues:
      • Multiplicand calculation
      • Multiplier application
      • Mitigation of loss
    • Related Cases:
      • [1996] 2 SLR(R) 420
  4. Loss of Future Earnings
    • Outcome: The court awarded $6,000 for loss of future earnings.
    • Category: Substantive
    • Sub-Issues:
      • Earning capacity post-retirement
      • Impact of injuries on future employment
    • Related Cases:
      • [2010] 3 SLR 587
      • [1994] SGCA 20
  5. Mitigation of Loss
    • Outcome: The court found that the Plaintiff had not done enough to mitigate his loss and reduced the award accordingly.
    • Category: Substantive
    • Sub-Issues:
      • Reasonable steps to find alternative employment
    • Related Cases:
      • [1996] 2 SLR(R) 420

8. Remedies Sought

  1. Damages for personal injury
  2. Loss of earnings
  3. Medical expenses

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Personal Injury Litigation
  • Civil Litigation

11. Industries

  • Transportation

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Jet Holdings Ltd & Ors v Cooper Cameron (Singapore) Pte Ltd & AnorCourt of AppealYes[2006] 3 S.L.R. (R) 769SingaporeCited regarding the utility of agreed bundles and the Evidence Act.
Clark Jonathan Michael v Lee Khee ChungHigh CourtYes[2009] SGHC 204SingaporeCompared to the present case regarding the severity of injuries.
Tan Siew Bin Ronnie v Chin Wee KeongUnknownYes[2008] 1 SLR 178SingaporeCompared to the present case regarding the severity of injuries.
Teddy, Thomas v Teacly (S) Pte LtdHigh CourtYes[2014] SGHC 226SingaporeCompared to the present case regarding the severity of spine injury.
Nirumalan V Kanapathi Pillay v Teo Eng ChuanHigh CourtYes[2003] 3 SLR(R) 601SingaporeCited by the Defendant's counsel but found not particularly useful due to its age.
Shaw Linda Gillian v Chai Kang Wei SamuelHigh CourtYes[2009] SGHC 187SingaporeCompared to the present case regarding the nature of the injury.
Wee Sia Tian v Long Thik BoonUnknownYes[1996] 2 SLR(R) 420SingaporeCited regarding the Plaintiff's duty to mitigate his loss.
Chai Kang Wei Samuel v Shaw Linda GillianCourt of AppealYes[2010] 3 SLR 587SingaporeCited regarding the principles pertaining to claims for loss of future earnings and loss of earning capacity.
Teo Sing Keng and another v Sim Ban KiatCourt of AppealYes[1994] SGCA 20SingaporeCited regarding claims for loss of future earnings and loss of earning capacity.
Koh Chai Kwang v Teo Ai Ling (by her next friend, Chua Wee Bee)Court of AppealYes[2011] SGCA 23SingaporeCited by the Plaintiff but found to be misplaced as the facts were different.

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
  • Whiplash associated injury
  • Dysphagia
  • Odynophagia
  • Pre-trial loss of earnings
  • Loss of future earnings
  • Mitigation of loss
  • Cervical spine fusion
  • Small fibre neuropathy
  • Taxi driver retirement age

15.2 Keywords

  • personal injury
  • damages
  • taxi driver
  • neck injury
  • loss of earnings
  • Singapore
  • assessment

17. Areas of Law

Area NameRelevance Score
Damages Assessment95
Personal Injury90
Whiplash Injury85
Damages80
Measure of Damages75
Loss of Earnings70
Automobile Accidents70
Medical Assessment65
Evidence60
Civil Procedure50
Negligence40
Contract Law30

16. Subjects

  • Personal Injury
  • Damages
  • Civil Litigation