Yap Boon Fong Yvonne v Wong Kok Mun Alvin: Damages for Personal Injuries from Road Traffic Accident

In a suit before the High Court of Singapore, Yap Boon Fong Yvonne sued Wong Kok Mun Alvin and Lim Chuah Heng for damages arising from a road traffic accident on 12 July 2011. Yvonne Yap, a pillion rider, sustained severe injuries when Wong's motorcycle collided with Lim's lorry. Andrew Ang SJ presided over the trial on quantum. The court awarded damages for pain and suffering, medical expenses, domestic helper expenses, pre-trial loss of earning capacity, and post-trial loss of earning capacity.

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

Judgment on damages for personal injuries sustained by Yvonne Yap Boon Fong in a road traffic accident. The court assessed future medical and other expenses.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Wong Kok Mun AlvinDefendantIndividualInterlocutory judgment in default of appearanceLost
Lim Chuah HengDefendantIndividualJudgment against DefendantLost
Yap Boon Fong YvonnePlaintiffIndividualJudgment for PlaintiffWon

3. Judges

Judge NameTitleDelivered Judgment
Andrew AngJudgeYes

4. Counsels

Counsel NameOrganization
Narayanan RamasamyTan Kok Quan Partnership
Daniel CheongTan Kok Quan Partnership
Neo Kee HengHoh Law Corporation

4. Facts

  1. The Plaintiff was injured in a road traffic accident on 12 July 2011.
  2. The Plaintiff suffered multiple fractures, including a fracture dislocation of her right elbow and a fractured right tibia.
  3. The Plaintiff underwent multiple surgeries, including reconstructive surgery using an Ilizarov frame.
  4. The Plaintiff was given 1,310 days of medical leave from the date of the accident until 13 January 2015.
  5. The Plaintiff was one of two equity partners of Resources XP and a director and 50% shareholder of Resources XP Pte Ltd.
  6. The Plaintiff's role in Resources XP and Resources XP Pte Ltd involved accounting, sales, and business development.

5. Formal Citations

  1. Yap Boon Fong Yvonne v Wong Kok Mun Alvin and another, Suit No 265 of 2014, [2018] SGHC 26

6. Timeline

DateEvent
Road traffic accident occurred
Reconstructive surgery undertaken
Ilizarov pins removed
Writ of summons filed
Interlocutory judgment entered against Wong Kok Mun Alvin
Interlocutory judgment entered against Lim Chuah Heng
Ilizarov frame removed and plaster cast applied
Trial on quantum heard
Trial on quantum heard
Trial on quantum heard
Trial on quantum heard
Trial on quantum heard
Judgment reserved

7. Legal Issues

  1. Measure of Damages
    • Outcome: The court determined the appropriate measure of damages for the plaintiff's injuries, including future medical expenses, loss of earnings, and domestic helper expenses.
    • Category: Substantive
  2. Loss of Earning Capacity
    • Outcome: The court awarded damages for both pre-trial and post-trial loss of earning capacity, considering the plaintiff's injuries and their impact on her ability to work.
    • Category: Substantive
  3. Admissibility of Forecasts
    • Outcome: The court found the forecasts admissible, but gave them limited weight due to lack of supporting evidence.
    • Category: Procedural

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Personal Injury Litigation

11. Industries

  • Legal Services
  • Healthcare

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Khoo Ih Chu v Chong Hoe Siong JeremyCourt of AppealYes[1989] 2 SLR(R) 243SingaporeCited regarding the benefit of a payment in advance.
Toon Chee Meng Eddie v Yeap Chin HonHigh CourtYes[1993] 1 SLR(R) 407SingaporeCited regarding the quantum to be awarded in respect of future nursing care and computation of domestic helper expenses.
AOD (a minor suing by his litigation representative) v AOEHigh CourtYes[2016] 1 SLR 217SingaporeCited regarding whether a discount should be applied to the total cost of the domestic helper.
Koh Soon Pheng v Tan Kah EngHigh CourtYes[2003] 2 SLR(R) 538SingaporeCited regarding the plaintiff's true loss of earnings was not just the amount that he had in fact lost, but also included the amount that he would otherwise have made as profit.
Wee Sia Tian v Long Thik BoonCourt of AppealYes[1996] 2 SLR(R) 420SingaporeCited regarding special damages, which have to be strictly proved.
Ariffin Bin Omar v Goh Beng Kee and AnotherHigh CourtYes[1994] SGHC 15SingaporeCited regarding pre-trial loss of earnings must be pleaded and proved but every dollar cannot always be proved with the same degree of certainty.
David Michael Lusty v Finsbury Securities LtdEnglish Court of AppealYes[1992] 59 BLR 66EnglandCited regarding opinions or beliefs of witnesses who are were not experts could be admissible on the grounds of necessity, if more direct and positive evidence were unobtainable.
Multiplex Constructions (UK) Ltd v Cleveland Bridge UK LtdEnglish High CourtYes[2008] EWHC 2220 (TCC)EnglandCited regarding a witness of fact could also give opinion evidence, bearing in mind that he possessed considerable engineering expertise and had personal knowledge of the roof design and erection engineering decisions.
XYZ v Portmouth Hospitals NHS TrustEnglish High CourtYes[2011] EWHC 243 (QB)EnglandCited regarding where there cannot be certainty as to the way in which the claimant’s business would have developed, the court may assess damages by evaluating the chance that particular events would have happened at particular times.
Ramesh s/o Krishnan v AXA Life Insurance Pte LtdSingapore High CourtYes[2017] SGHC 197SingaporeCited XYZ v Portmouth Hospitals NHS Trust.
Chai Kang Wei Samuel v Shaw Linda GillianCourt of AppealYes[2010] 3 SLR 587SingaporeCited regarding the differences between an award of loss of earnings and loss of earning capacity.
Teo Sing Keng v Sim Ban KiatCourt of AppealYes[1994] 1 SLR(R) 340SingaporeCited Chai Kang Wei Samuel v Shaw Linda Gillian.
Clark Jonathan Michael v Lee Khee ChungHigh CourtYes[2010] 1 SLR 209SingaporeCited regarding the issue was not so much one of the plaintiff’s being at risk of losing employment but of his ability to earn as much as he had done previously.
Blamire v South Cumbria Health AuthorityEnglish Court of AppealYes[1993] PIQR Q1EnglandCited regarding in such cases where there exist so many “imponderables”, the court is entitled to eschew the conventional multiplier-multiplicand approach and instead adopt a broad-brush approach in quantifying an award for loss of future earnings.
Chang Mui Hoon v Lim Bee LengHigh CourtYes[2013] SGHCR 17SingaporeCited regarding the proper measure of damages to be applied in respect of the Plaintiff’s claim for pre-trial earnings-related loss should be the Plaintiff’s pre-trial loss of earning capacity attracting general damages.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Rules of Court (Cap 322, R 5, 2014 Rev Ed)Singapore
Rules of Court (Cap 322, O 13)Singapore
Rules of Court (Cap 322, O 19)Singapore
Rules of Court (Cap 322, O 40A r 2)Singapore
Evidence Act (Cap 97, 1997 Rev Ed)Singapore
Evidence Act (Cap 97, 1997 Rev Ed), s 32B(3)Singapore
Evidence Act (Cap 97, 1997 Rev Ed), ss 47–53Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Ilizarov frame
  • Osteoarthritis
  • Supramalleolar osteotomy
  • Ankle fusion
  • Scar excision
  • Fat grafting
  • Tissue expansion surgery
  • Loss of earning capacity
  • Loss of earnings

15.2 Keywords

  • road traffic accident
  • personal injuries
  • damages
  • loss of earnings
  • loss of earning capacity
  • medical expenses
  • domestic helper expenses

17. Areas of Law

Area NameRelevance Score
Measure of Damages90
Road Traffic Accident Law85
Damages Assessment80
Personal Injury75
Automobile Accidents60
Civil Procedure30
Civil Litigation25

16. Subjects

  • Personal Injuries
  • Damages Assessment
  • Medical Negligence