Tan Shi Lin v Poh Che Thiam: Damages for Personal Injuries from Road Accident
In Tan Shi Lin v Poh Che Thiam, the Singapore High Court assessed damages payable to Tan Shi Lin, a physiotherapist, following a road accident caused by Poh Che Thiam. The defendant had already conceded liability. The court considered claims for pain and suffering, loss of earning capacity, loss of future earnings, and special damages, ultimately awarding Tan Shi Lin a total of $483,626.90, plus interest and costs.
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
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court assesses damages for a physiotherapist injured in a road accident, including pain and suffering, loss of earnings, and future medical expenses.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Tan Shi Lin | Plaintiff | Individual | Judgment for Plaintiff | Won | |
| Poh Che Thiam | Defendant | Individual | Judgment against Defendant | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lai Siu Chiu | Senior Judge | Yes |
4. Counsels
4. Facts
- The plaintiff, a 32-year-old physiotherapist, was involved in a road accident on 26 December 2012.
- The defendant's bus slammed into the left side of the plaintiff’s motorcycle.
- The plaintiff sustained near amputation of the left big toe and open dislocation of the left second toe.
- The plaintiff underwent multiple surgeries, including amputation of the left big toe and disarticulation of the second toe.
- The plaintiff was hospitalised twice, spending a total of 42 days in the hospital.
- The plaintiff suffered chronic pain, compensatory pain, and decreased range of motion.
- The defendant consented to interlocutory judgment being entered against him on the basis he was 100% liable for the accident.
5. Formal Citations
- Tan Shi Lin v Poh Che Thiam, Suit No 109 of 2014, [2017] SGHC 219
6. Timeline
| Date | Event |
|---|---|
| Road accident occurred | |
| Plaintiff discharged from hospital after first stay | |
| Plaintiff's second stay in hospital | |
| Plaintiff discharged from hospital after second stay | |
| Plaintiff suffered from Post-Traumatic Stress Disorder | |
| Plaintiff commenced further studies | |
| Plaintiff commenced suit | |
| Plaintiff obtained a first class honours degree in physiotherapy | |
| Plaintiff completed further studies | |
| Plaintiff resumed full-time employment | |
| Defendant consented to interlocutory judgment | |
| Original date fixed for assessment hearing | |
| Plaintiff requested to convert to part-time employment | |
| Plaintiff converted to part-time employment | |
| Trial began | |
| Trial concluded | |
| Judgment reserved | |
| Judgment issued |
7. Legal Issues
- Quantum of Damages
- Outcome: The court determined the quantum of damages due and payable to the plaintiff arising from the injuries she sustained in the accident.
- Category: Substantive
- Loss of Earning Capacity
- Outcome: The court did not award the plaintiff the amount she claimed for loss of earning capacity.
- Category: Substantive
- Loss of Future Earnings
- Outcome: The court awarded the plaintiff $192,000 for loss of future earnings.
- Category: Substantive
- Pain and Suffering
- Outcome: The court awarded the plaintiff damages for pain and suffering, considering various injuries including degloving injury, amputations, chronic pain, and PTSD.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury Litigation
11. Industries
- Healthcare
- Transportation
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 for the appropriate award for pain and suffering and loss of amenities for a degloving injury to the foot. |
| Zailani bin Putra Ali v Low Keng Huat Construction Company (S) Pte Ltd | High Court | Yes | [1993] SGHC 277 | Singapore | Cited by the defendant to argue that the plaintiff's injuries were less severe than those of the plaintiff in this case. |
| Lee Wei Kong (by his litigation representative Lee Swee Chit) v Ng Siok Tong | Court of Appeal | Yes | [2012] 2 SLR 85 | Singapore | Cited by the defendant to argue that the plaintiff did not suffer injuries that were comparable to those of the plaintiff in this case. |
| Mei Yue Lan Margaret v Raffles City (Pte) Ltd | High Court | Yes | [2005] SGHC 168 | Singapore | Cited for the award for pain and suffering for a plaintiff who had to undergo numerous operations and treatment which included the implant of a spinal cord stimulator to control the pain. |
| Tan Yong Heng Jeffrey v Tay Kiah Por | High Court | Yes | [2003] SGHC 278 | Singapore | Cited for the award for potential osteoarthritis in the plaintiff's left metatarsal and left ankle. |
| Visvalingam s/o Arumugam v Toh Gim Choo | High Court | Yes | [1998] 1 SLR (R) 314 | Singapore | Cited for the award for the early onset of osteoarthritis on the left knee joint. |
| Aw Ang Moh v OCWS Logistics Pte Ltd | High Court | Yes | [1998] SGHC 167 | Singapore | Cited by the defendant to argue that a sum of $5,000 for the scars would be appropriate. |
| Chai Kang Wei Samuel v Shaw Linda Gillian | Court of Appeal | Yes | [2010] 3 SLR 587 | Singapore | Cited for the proposition that an award for loss of earning capacity can be awarded if there is a substantial or real risk that the plaintiff could lose his or her present job at some time before the estimated end of his or her working life. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Retirement and Re-employment Act (Cap 274A, 2012 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Degloving injury
- Amputation
- Post-Traumatic Stress Disorder
- Loss of earning capacity
- Loss of future earnings
- Pain and suffering
- Physiotherapist
- Interlocutory judgment
15.2 Keywords
- personal injury
- road accident
- damages
- physiotherapist
- loss of earnings
- pain and suffering
- singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Personal injuries cases | 100 |
| Measure of Damages | 90 |
| Personal Injury | 90 |
| Automobile Accidents | 70 |
| Damages | 60 |
| Torts | 50 |
| Negligence | 40 |
| Assessment of Damages | 40 |
| Road Traffic Accident Law | 30 |
| Criminal Law | 20 |
| Criminal Revision | 10 |
16. Subjects
- Personal Injury
- Damages Assessment
- Road Accident