JA'AFAR BIN ABDUL SAMAD v LIM ZHEN XIANG

Parties

Procedural Posture

Tort — Motor Accidents; District Court Originating Claim / Judgment

Legal Issues

1. 1 Whether the Claimant’s shoulder rotator cuff tears were caused by the low‑impact rear collision
2. 2 Appropriate quantum for general damages (shoulder, neck/back, vertigo)
3. 3 Whether vertigo/head injury was caused by the Accident

Ratio Decidendi

Defendant liable for the collision but the collision was low impact. The medical evidence did not establish on the balance of probabilities that the Claimant’s rotator cuff tears were caused by the Accident; the court accepted Dr Chang’s opinion that the tears were most likely degenerative and the Accident caused a minor shoulder strain precipitating symptoms. Consequently damages were limited to compensating the strain and associated, proven special damages; future surgery and loss of earning capacity were not awarded for lack of proof.

Court Disposition

Judgment for Claimant in part; awards for general and special damages, refusal of future medical expenses and loss of earning capacity claims

Orders

• Final judgment entered: S$5,500 awarded to the Claimant as general damages plus interest at 5.33% from date of originating claim to date of judgment
• S$6,703.59 awarded to the Claimant as special damages plus interest at 2.67% from date of originating claim to date of judgment