Man with permanent brain injuries from collision on Malaysia expressway awarded S$4.7 million

SINGAPORE: A Singaporean man who suffered permanent brain injuries after being caught in a chain collision along Malaysia's North-South Expressway in 2018 has been awarded S$4.7 million (US$3.5 million) in damages by Singapore's High Court.

The collision, which wedged the father of two between his front passenger seat and the rear portion of a prime mover towing a trailer with a 40-footer shipping container, has meant he will likely never be gainfully employed again and instead will live in a nursing home.

Seconds after impact, a BMW X3 vehicle that could not stop in time collided with the back of the victim's vehicle, exacerbating his injuries.

The S$4.7 million in damages will be borne by six defendants - comprising the drivers, their employers and an insurer - depending on their percentage of liability.

WHAT HAPPENED

According to a judgment published on Monday (Jun 10), Mr Lim Chun Yong, now 44, was in the front passenger seat of a Toyota Innova on Feb 12, 2018.

His wife, Madam Janet Fung Wui Mang, had hired the driver, Mr Jeffrey Yap Kean Hui, to ferry the family to Senai Airport for a flight to her hometown in Sabah, Malaysia.

The couple's children, then aged one and four, were in the back seats with their mother when the chain collision occurred around KM 7.6 North-South Expressway, heading towards Kempas Toll Plaza in the direction of Kuala Lumpur.

Mr Lim was taken to a hospital in Malaysia before being medically evacuated to Singapore General Hospital.

He suffered severe injuries to his brain, head, face and chest, with his traumatic brain injury affecting his speech, movement and cognitive function.

His wife, Mdm Fung, cared for him at home initially, along with their two children, with the help of a maid. However, Mr Lim developed behavioural disorders from his brain damage, with his wife suffering caregiver burnout and requiring therapy. 

Eventually, he was admitted to a nursing home upon consultation with his doctors and now returns home for weekly visits with his family.

Mdm Fung was later appointed to make decisions on his behalf and launched the suit against the six defendants - comprising the three drivers, two of their employers and the insurer of the Toyota Innova.

Mdm Fung was represented by Mr Raj Singh Shergill and Ms Desiree Koh from Lee Shergill law firm.

Mr Singh told CNA that the law firm took the position that Singapore was a proper forum to bring the claim, even though Malaysian motor insurers "have been known to insist that the claim be brought in Malaysia".

This was despite the fact that the drivers involved were Malaysian and the vehicles were Malaysian-registered.

Singapore law provides for the courts to exercise jurisdiction where the losses are largely incurred in Singapore, and where witnesses such as medical experts are based in Singapore with a sufficient connection to Singapore, said Mr Singh.

JUDGE'S FINDINGS

Judicial Commissioner Alex Wong found that the Toyota driver had been negligent in making "unreasonably excessive manoeuvres" in response to the semi-trailer ahead moving right.

The semi-trailer was moving slowly and did not encroach into the path of the Toyota, said the judge.

After the Toyota crashed into the back of the semi-trailer, the BMW behind was unable to stop in time and collided with the back of the Toyota.

According to expert evidence submitted at trial, the first collision between the Toyota and the semi-trailer had a 66.6 per cent to 90 per cent contribution to Mr Lim's injuries, while the Toyota-BMW collision had a 10 per cent to 33.3 per cent contribution.

The judge found the semi-trailer driver, Mr Mohd Jafri Abdul Hamid, and his employer 50 per cent liable for Mr Lim's injuries, as the driver's actions had "high causative potency" and a "high degree of blameworthiness".

He knew that there were road signs reminding drivers of heavy vehicles to keep left, but he failed to abide by this.

The Toyota driver and therefore his employer were found 30 per cent liable for Mr Lim's injuries, as it was his overreaction that directly caused the first collision.

The judge found the BMW driver 20 per cent liable, noting that while he flouted safe driving principles, the second collision merely exacerbated Mr Lim's injuries.

This means the defendants will have to split the S$4.7 million in damages payable to Mr Lim among themselves according to their percentage of liability.

DAMAGES

Of the S$4.7 million sum awarded to Mr Lim, the heftiest amounts are the S$1.9 million cost of future nursing care at Orange Valley Nursing Home and S$1.6 million in loss of future earnings.

Five days before the accident, Mr Lim had just begun his new job as a finance executive with the Society for the Aged Sick, earning S$3,500 a month.

His employment was terminated on medical grounds in June 2020.

Before that, he did projects with companies like Sembcorp Design and Construction and Changi Cove.

Other amounts that make up Mr Lim's win include S$253,000 for pain and suffering and about S$82,000 in the cost of caregiver services from a domestic helper and his wife before Mr Lim was admitted to the nursing home.

The driver of the Toyota was absent from the trial and unrepresented along with his employer Mr Liew Loy Sang.

The driver of the BMW, Mr Low Woon Hong, was defended by Ms Sharon Lin and Mr Gideon Phng from Withers KhattarWong, while Mr Christopher Fernandez and Ms Low huai Pin from Tan Kok Quan Partnership represented the driver of the semi-trailer and his employer.

The insurer of the Toyota was represented by Mr Niru Pillai, Mr Liew Teck Huat and Mr Phang Cunkuang.

Mdm Fung's lead lawyer, Mr Singh, told CNA that the key takeaways from the case are that family members of accident victims do not have to struggle "to the point of burnout" in caring for accident victims and should not hesitate to get help from care providers.

The victims are also entitled to claim for the cost of gratuitous care provided to them by family members, said the lawyer.

He added that Singapore residents who are injured in accidents in Malaysia are also entitled to claim in Singapore if their losses are largely incurred here and the witnesses based here.

Speaking to CNA, Mdm Fung said she felt "very relieved" after receiving the news and felt "hopeful for my husband after years of uncertainty".

She thanked her lawyers, who stood by her "in a difficult time" and "fought like lions in court", as well as her family members, friends, church community, doctors, therapists and employers.

"With these damages, I can focus on caring for my family without worrying about the financial burden which is a great relief," she said, thanking God for "the angels" who helped her in her journey.