The Singapore High Court, in its judgment on 20 January 2025, awarded S$17,373.16 in damages to Ms Lee Sim Leng in her personal injury suit against SMRT Buses Ltd,, a major public transport operator in Singapore.
The case arose from a 2013 collision at Bukit Batok Central and involved complex questions of causation, the extent of damages, and the interplay of pre-existing conditions.
Background to the case
The collision occurred on 26 August 2013, when a bus operated by SMRT Buses Ltd sideswiped Ms Lee’s car. At the time, the plaintiff did not report immediate severe injuries, nor did she require ambulance assistance. However, she later claimed that the accident caused or aggravated injuries to her neck and exacerbated her long-standing major depressive disorder (MDD).
By consent, an interlocutory judgment in 2019 found SMRT Buses Ltd liable for 100% of the damages. The remaining dispute lay in determining the quantum of damages and whether causation for the claimed injuries was established.
Ms Lee claimed that the accident caused her cervical spondylosis—a degenerative spinal condition—or, at the very least, exacerbated it, making previously asymptomatic conditions symptomatic. She also alleged that chronic pain from the accident significantly worsened her MDD, impacting her daily life and emotional well-being.
Ms Lee sought general and special damages amounting to more than S$5.4 million, covering pain and suffering, loss of earning capacity, and anticipated future expenses.
SMRT Buses Ltd argued that the plaintiff’s injuries were predominantly the result of pre-existing degenerative conditions, including cervical spondylosis, which were unrelated to the accident. The defence contended that the plaintiff’s pain and suffering were caused by these underlying issues rather than the collision, which was minor in nature.
The defendant also questioned the credibility of the plaintiff’s claims, suggesting her actions—including participating in activities such as Cantonese Opera performances and late-night outings—undermined her assertions of severe and debilitating pain.
Court’s findings
After hearing expert evidence from both sides, Justice Wong Li Kok ruled that the accident did not cause Ms Lee’s cervical spondylosis but likely aggravated her previously asymptomatic condition. This aggravation resulted in symptoms that prompted her to seek medical treatment.
On the claim of exacerbation of MDD, the court accepted that the pain stemming from the accident contributed to the worsening of her condition. However, Justice Wong noted that Ms Lee’s MDD predated the accident by decades and was primarily influenced by other life stressors, such as marital discord.
Justice Wong expressed dissatisfaction with the defendant’s approach, stating:“I did not find the Defendant’s characterisation of the claimant as a liar and profiteer to be helpful or justified. The Plaintiff is clearly suffering from MDD and has been so suffering for decades before the accident. Whilst I disagree with the Plaintiff’s position as to whether the accident was the cause of her neck conditions, I accept that she had genuinely believed this to be the case.”
He further expressed hope that the decision would bring closure for Ms Lee: “I hope this decision will bring closure on this unpleasant chapter in her life and that she can move forward in a more positive light.”
Justice Wong also highlighted the importance of carefully considering causation when pre-existing conditions are involved, ensuring that damages are both fair and reflective of the circumstances.
The court awarded S$17,373.16, significantly lower than the plaintiff’s original claim. This sum included:
- General Damages: S$15,000 for pain and suffering linked to whiplash injuries and the aggravation of cervical spondylosis.
- Special Damages: S$2,223.16 for medical expenses and S$150 for transport costs.
Justice Wong also observed that the accident had triggered symptoms that would likely have emerged eventually due to Ms Lee’s degenerative condition, further justifying a reduction in the quantum of damages.
Costs for the liability phase were ordered to be borne by SMRT Buses Ltd on a standard basis. Costs related to the quantum assessment were reserved for determination by the Registrar, in line with procedural norms.
The judgment demonstrates the challenges of balancing competing narratives in personal injury cases. While Justice Wong recognised the plaintiff’s genuine suffering, he carefully distinguished between injuries caused by the accident and those arising from pre-existing conditions.
This case underscores the importance of robust evidence and precise drafting of consent judgments, particularly in personal injury disputes involving complex medical and psychological claims. It also serves as a reminder to legal practitioners of the need for sensitivity in presenting their cases.
Justice Wong’s remarks encapsulate the court’s attempt to deliver both legal and humanistic justice: “This decision reflects the importance of clear evidence in personal injury claims, while also recognising the humanity of those involved.”