Wee Lai Soon v Ong Jian Min: Negligence Claim for Motor Vehicle Accident Resulting in Personal Injuries
In Wee Lai Soon (alias Hoi Lai Soon) and Yew Kwai Lin v Ong Jian Min, the General Division of the High Court of Singapore heard a negligence action brought by the plaintiffs, Wee Lai Soon and Yew Kwai Lin, against the defendant, Ong Jian Min, arising from a motor vehicle accident. Judgment in default of appearance was entered in the plaintiffs’ favour on 25 June 2020, with damages to be assessed. The court assessed damages for pain and suffering, pre-trial loss of earnings, and loss of future earnings for both plaintiffs, finding in favor of the plaintiffs.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Judgment for Plaintiffs
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Negligence action arising from a motor vehicle accident. The court assessed damages for personal injuries sustained by the plaintiffs, including pain and suffering and loss of earnings.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Wee Lai Soon (alias Hoi Lai Soon) | Plaintiff | Individual | Judgment for Plaintiff | Won | |
| Yew Kwai Lin | Plaintiff | Individual | Judgment for Plaintiff | Won | |
| Ong Jian Min | Defendant | Individual | Judgment Against Defendant | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andrew Ang | Senior Judge | Yes |
4. Counsels
4. Facts
- The defendant drove his vehicle into the plaintiffs who were behind a stationary taxi.
- Judgment in default of appearance was entered in the plaintiffs’ favour.
- The first plaintiff, Mr. Wee, sustained injuries to his left biceps and shoulder, cervical and lumbar spondylosis.
- The second plaintiff, Mdm. Yew, sustained a complex pelvic fracture, left sciatic nerve palsy, and a right knee open fracture.
- Mdm. Yew underwent a right above-knee amputation due to her injuries.
- Mdm. Yew was diagnosed with major depressive disorder following the accident.
- Both plaintiffs claimed for pre-trial and future loss of earnings.
5. Formal Citations
- Wee Lai Soon (alias Hoi Lai Soon) and anothervOng Jian Min, Suit No 512 of 2020, [2022] SGHC 102
6. Timeline
| Date | Event |
|---|---|
| Accident occurred | |
| Judgment in default of appearance entered in plaintiffs’ favour | |
| Joint Opening Statement dated | |
| Assessment hearing began | |
| Defendant’s Closing Submissions filed | |
| Plaintiff’s Closing Submissions filed | |
| Judgment reserved |
7. Legal Issues
- Causation of Injuries
- Outcome: The court determined which injuries were directly caused by the accident and which were aggravations of pre-existing conditions.
- Category: Substantive
- Sub-Issues:
- Attribution of injuries to the accident
- Aggravation of pre-existing conditions
- Assessment of Damages for Pain and Suffering
- Outcome: The court assessed damages for pain and suffering based on the severity of the injuries and their impact on the plaintiffs' lives.
- Category: Substantive
- Sub-Issues:
- Severity of injuries
- Impact on quality of life
- Psychiatric disorders
- Pre-Trial Loss of Earnings
- Outcome: The court determined the amount of pre-trial loss of earnings based on the plaintiffs' past earnings and the impact of their injuries on their ability to work.
- Category: Substantive
- Sub-Issues:
- Proof of earnings
- Impact of injuries on ability to work
- Mitigation of loss
- Loss of Future Earnings
- Outcome: The court determined the amount of loss of future earnings based on the plaintiffs' expected retirement age, potential earnings, and relevant multipliers.
- Category: Substantive
- Sub-Issues:
- Multiplier
- Multiplicand
- Retirement age
- Economic factors
- Future Medical Expenses
- Outcome: The court assessed the reasonableness and necessity of future medical expenses, including surgery and prosthesis replacement.
- Category: Substantive
- Sub-Issues:
- Necessity of treatment
- Cost of treatment
- Life expectancy
8. Remedies Sought
- Damages for personal injuries
- Loss of earnings
- Medical expenses
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury Litigation
11. Industries
- Transportation
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ting Heng Mee v Sin Shing Fresh Fruit Pte Ltd | High Court | Yes | [2004] SGHC 43 | Singapore | Cited to compare the severity of the plaintiff's shoulder injury with a previous case involving a partial tear of the supraspinatus tendon. |
| Yap Boon Fong Yvonne v Wong Kok Mun Alvin and another and another appeal | Court of Appeal | Yes | [2019] I SLR 230 | Singapore | Cited for the principle that courts will consider the circumstances of each case in determining whether the evidence satisfies the court that the loss can be proved on a balance of probabilities. |
| Zaiton Bee Bee bte Abdul Majeed v Chan Poh Teong | High Court | Yes | [2010] 3 SLR 697 | Singapore | Cited as an example where the court awarded special damages for pre-trial loss of earnings despite inherent difficulties in quantifying the loss. |
| Rahman Lutfar v Scanpile Constructors Pte Ltd | High Court | Yes | [2016] SGHC 41 | Singapore | Cited to clarify that the requirement of strict proof for special damages does not mean that the plaintiff must meet a higher legal burden of proof than a balance of probabilities. |
| Ng Lay Peng v Gain City Engineering & Consultancy Pte Ltd (Ng Peng Boon, third party) (AXA Insurance Singapore Pte Ltd, intervener) | High Court | Yes | [2020] 3 SLR 271 | Singapore | Cited to compare the damages awarded for major depressive disorder. |
| Ong Tean Hoe v Hong Keng Industrial Company Private Limited | High Court | Yes | [2001] SGHC 303 | Singapore | Cited to compare the damages awarded for post-traumatic depression arising from an industrial accident. |
| Law Kin Ying (administratrix of the estate of Lo Hon Man) and others v Lim Hong Hock | Singapore High Court | Yes | [2015] SGHCR 14 | Singapore | Cited by the defendant, but distinguished by the court due to factual differences. |
| Goh Eng Hong v Management Corporation of Textile Centre and another | High Court | Yes | [2003] 1 SLR(R) 209 | Singapore | Cited to compare the damages awarded for leg fractures. |
| Lai Sin Wah v Ng Soo Ngoh | Unknown | Yes | [1999] Mallal’s Digest (4th ed) 1224 | Singapore | Cited to compare the damages awarded for leg fractures. |
| Tan Hun Boon v Rui Feng Travel Pte Ltd and Anor | High Court | Yes | [2008] 3 SLR 244 | Singapore | Cited for the approach to calculating damages for above-knee amputation and phantom limb pain. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Negligence
- Motor vehicle accident
- Personal injuries
- Damages assessment
- Loss of earnings
- Pain and suffering
- Pre-trial loss of earnings
- Loss of future earnings
- Medical expenses
- Above-knee amputation
- Major depressive disorder
- Prosthesis
15.2 Keywords
- Negligence
- Personal Injury
- Motor Vehicle Accident
- Damages
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Personal Injury | 95 |
| Damages Assessment | 90 |
| Damages | 90 |
| Negligence | 80 |
| Automobile Accidents | 70 |
| Causation | 60 |
| Evidence | 40 |
| Civil Procedure | 30 |
| Breach of Contract | 30 |
| Contract Law | 30 |
16. Subjects
- Personal Injury
- Motor Vehicle Accident
- Damages