Hew Chee Chin v Tan Kia Tock: Assessment of Damages for Personal Injury

In Hew Chee Chin v Tan Kia Tock, the High Court of Singapore assessed damages for the plaintiff's personal injury claim following a motor vehicle accident. The defendant admitted 60% liability. The court, presided over by Choo Han Teck J, denied the plaintiff's claims for loss of future earnings and pre-trial loss of income, but awarded $250,000 for loss of earning capacity, $69,000 for future medical expenses, and $2,500 for future transport expenses, after adjusting for the plaintiff's contributory negligence. The court also awarded the sums agreed by parties for pain and suffering, medical expenses, transport expenses and cost of a caregiver.

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 personal injury. The plaintiff's claims for loss of future earnings and pre-trial loss of income were denied, but loss of earning capacity was awarded.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Hew Chee ChinPlaintiffIndividualPartial JudgmentPartial
Tan Kia TockDefendantIndividualPartial JudgmentPartial

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Balasubramaniam s/o AppuvuBSA Law Chambers LLC
Anthony WeeUnited Legal Alliance LLC
Pang Weng FongUnited Legal Alliance LLC

4. Facts

  1. The plaintiff was knocked down by a motor vehicle driven by the defendant on 23 September 2015.
  2. The defendant admitted liability at 60%.
  3. The plaintiff sustained injuries including a fracture of the left occipital bone, brain haemorrhage, and speech and memory impairment.
  4. The plaintiff was earning $16,740 a month as Clearstate’s Head of Greater China at the time of the accident.
  5. The plaintiff registered a company named ‘Synaptic Networks’ in January 2015.
  6. The plaintiff had another accident on 28 January 2018 where she fell off an e-scooter.
  7. The plaintiff was found to have a venous sinus thrombosis in December 2018.

5. Formal Citations

  1. Hew Chee Chin v Tan Kia Tock, Suit No 747 of 2018, [2020] SGHC 277

6. Timeline

DateEvent
Plaintiff was knocked down by a motor vehicle
Plaintiff underwent decompressive craniectomy and ICP monitoring
Plaintiff was discharged from hospital
Plaintiff readmitted to hospital for cranioplasty
Plaintiff discharged after cranioplasty
Plaintiff returned to work on a part-time basis
Plaintiff's pay was increased
Plaintiff fell off an e-scooter
Plaintiff assigned to manage Clearstate's data analytic unit
Plaintiff started experiencing symptoms due to venous sinus thrombosis
Plaintiff's pay was increased
Plaintiff was re-assigned to the role of ‘Client Engagement Manager’
Judgment reserved
Judgment issued

7. Legal Issues

  1. Assessment of Damages
    • Outcome: The court denied the plaintiff's claims for loss of future earnings and pre-trial loss of income, but awarded damages for loss of earning capacity, future medical expenses, and future transport expenses.
    • Category: Substantive
    • Sub-Issues:
      • Loss of future earnings
      • Loss of earning capacity
      • Pre-trial loss of income
      • Future medical expenses
      • Future transport expenses
  2. Causation
    • Outcome: The court found that the plaintiff had not proven that the stroke discovered in 2020 was caused by the 2015 accident. The court also found that the venous sinus thrombosis in 2018 was not related to the 2015 accident.
    • Category: Substantive
    • Sub-Issues:
      • Causal connection between accident and injuries
      • Impact of subsequent accident on injuries
  3. Contributory Negligence
    • Outcome: The court adjusted the awards for the plaintiff's contributory negligence of 40%.
    • Category: Substantive

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Personal Injury Litigation

11. Industries

  • Healthcare
  • Consulting

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

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
  • Personal injury
  • Contributory negligence
  • Loss of earning capacity
  • Venous sinus thrombosis
  • Hydrocephalus
  • E-scooter accident
  • Synaptic Networks
  • Clearstate
  • Stroke

15.2 Keywords

  • Personal injury
  • Damages
  • Negligence
  • Singapore
  • High Court
  • Assessment
  • Motor vehicle accident

17. Areas of Law

Area NameRelevance Score
Assessment of Damages95
Measure of Damages90
Damages85
Personal Injury75
Causation65
Negligence60
Disclosure Obligations55
Civil Procedure50
Automobile Accidents40
Evidence Law40
Contract Law30

16. Subjects

  • Personal Injury
  • Damages
  • Negligence