Lim Chun Yong v Yap Jeffrey: Negligence, Motor Accidents, and Damages for Brain Injuries

In [2024] SGHC 150, the General Division of the High Court of Singapore heard the case of Lim Chun Yong (suing through his deputy Janet Fung Wui Mang) against Jeffrey Yap, Liew Loy Sang, Low Woon Hong, Mohd Jafri bin Abdul Hamid, Syarikat Continent Lorry Transport Sdn Bhd, and AmGeneral Insurance Berhad, concerning a chain collision in Malaysia that caused severe brain injuries to Mr. Lim. The court, presided over by Wong Li Kok, Alex JC, found the first, third, and fourth defendants liable for negligence, with the second and fifth defendants vicariously liable. The court apportioned liability with the first and second defendants 30%, the third defendant 20%, and the fourth and fifth defendants 50%. The court awarded a total of $4,700,960.28 in damages to the plaintiff.

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

Singapore court assesses damages for severe brain injuries sustained in a Malaysian chain collision, addressing liability and quantum.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Lim Chun Yong (Lin Junxiong) (suing through his deputy and litigation representative Janet Fung Wui Mang)PlaintiffIndividualJudgment for PlaintiffWon
Jeffrey Yap @ Yap Kean HuiDefendantIndividualLiability EstablishedLost
Liew Loy SangDefendantIndividualVicariously LiableLost
Low Woon HongDefendantIndividualLiability EstablishedLost
Mohd Jafri bin Abdul HamidDefendantIndividualLiability EstablishedLost
Syarikat Continent Lorry Transport Sdn BhdDefendantCorporationVicariously LiableLost
AmGeneral Insurance Berhad (Formerly Known As Kurnia Insurans (Malaysia) Berhad)DefendantCorporationNeutralNeutral
Liew Teck Huat of Independent Practitioner
Phang Cunkuang of Independent Practitioner
Niru Pillai of Independent Practitioner

3. Judges

Judge NameTitleDelivered Judgment
Wong Li Kok, AlexJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Raj Singh ShergillLee Shergill LLP
Koh Jia Min DesireeLee Shergill LLP
Lin Hui Yin SharonWithers KhattarWong LLP
Phng Boon Yew GideonWithers KhattarWong LLP
Fernandez ChristopherTan Kok Quan Partnership
Low Huai PinTan Kok Quan Partnership
Liew Teck HuatIndependent Practitioner
Phang CunkuangIndependent Practitioner
Niru PillaiIndependent Practitioner

4. Facts

  1. On 12 February 2018, a chain collision involving three motor vehicles occurred in Malaysia.
  2. Mr. Lim sustained severe injuries, including permanent brain injuries, as a result of the collision.
  3. The collision involved a semi-trailer, a Toyota Innova car, and a BMW X3 car.
  4. Mr. Lim was a front-seat passenger in the Toyota Innova.
  5. The semi-trailer was driven by Mr. Mohd Jafri bin Abdul Hamid, an employee of Syarikat Continent Lorry Transport Sdn Bhd.
  6. The Toyota Innova was driven by Mr. Jeffrey Yap @ Yap Kean Hui and owned by Mr. Liew Loy Sang.
  7. The BMW X3 was owned and driven by Mr. Low Woon Hong.

5. Formal Citations

  1. Lim Chun Yong (alias Lin Junxiong) (suing through his deputy and litigation representative Fung Wui Mang Janet)vYap Jeffrey (alias Yap Kean Hui) and others, Suit No 153 of 2021, [2024] SGHC 150

6. Timeline

DateEvent
Mr. Lim married Ms. Fung
Mr. Lim awarded Honours Degree of Bachelor of Science (Finance) from the National University of Ireland
Mr. Lim commenced employment with the Society for the Aged Sick
Chain collision occurred in Malaysia
Mr. Lim medically evacuated to Singapore
Mr. Lim admitted into the Surgical Intensive Care Unit in Singapore General Hospital
Mr. Lim saw Mr. Chen for physiotherapy
Mr. Lim attended to by Ms Liew Li Ling Petrina
Mr. Lim attended to by Dr Lim Jia Xu
Mr. Chen completed physiotherapy sessions with Mr. Lim
Mr. Lim discharged home
Mr. Lim reviewed by Dr Aaron Ang for mental capacity assessment
Mr. Lim's employment officially terminated on medical grounds
Ms. Fung appointed as Mr. Lim’s deputy
Mr. Lim attended to by Dr Chua Sui Geok Karen
Dr. Kantha assessed Mr. Lim for a specialist medical report
Dr Aaron Ang's AEIC was dated
Mr. Lim admitted for long-term residence in Orange Valley Nursing Home
Experts conducted a caucus in person in Singapore
Trial began
Trial concluded
Judgment reserved
Judgment delivered

7. Legal Issues

  1. Negligence
    • Outcome: The court found the first, third, and fourth defendants liable for negligence.
    • Category: Substantive
  2. Vicarious Liability
    • Outcome: The court found the second and fifth defendants vicariously liable for the negligence of the first and fourth defendants, respectively.
    • Category: Substantive
  3. Apportionment of Liability
    • Outcome: The court apportioned liability with the first and second defendants 30%, the third defendant 20%, and the fourth and fifth defendants 50%.
    • Category: Substantive
  4. Damages Assessment
    • Outcome: The court assessed damages for pain and suffering, loss of future earnings, future nursing care, and other medical expenses.
    • Category: Substantive

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Commercial Litigation

11. Industries

  • Transportation
  • Insurance

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Evidence Act 1893Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Chain Collision
  • Brain Injury
  • Negligence
  • Vicarious Liability
  • Apportionment
  • Damages
  • Loss of Future Earnings
  • Nursing Care
  • Medical Expenses
  • Traffic Accident

15.2 Keywords

  • motor accident
  • negligence
  • brain injury
  • damages
  • Singapore
  • High Court
  • chain collision
  • personal injury
  • medical expenses
  • loss of earnings

17. Areas of Law

Area NameRelevance Score
Negligence90
Torts90
Automobile Accidents80
Motor accidents75
Measure of Damages70
Personal injuries cases65
Causation60
Evidence Law50
Computation50
Experts40
Civil Litigation30
Civil Practice30

16. Subjects

  • Tort Law
  • Motor Vehicle Accidents
  • Personal Injury Law
  • Damages Assessment