'His dreams are dashed': Road accident victim who lost kidney after crash awarded more than $356k in damages

SINGAPORE — A motorcyclist who suffered multiple injuries and lost a kidney after a road accident has been awarded more than $356,000 in damages.

Asher David De Laure, who was then a 19-year-old polytechnic student, was riding his bike on Sept 28, 2015, when a car driven by Norhazlina Md Yusop crashed into him.

No further details about the crash were disclosed.

The accident left De Laure with severe, injuries including a fractured spine as well as liver lacerations.

In a judgment dated April 20, 2023, Deputy Registrar Kim Bum Soo said De Laure's right kidney was also badly damaged and had to be removed totally.

"The recovery was complicated. Post-operatively, he developed rhabdomyolysis (rapid muscle breakdown) and suffered from acute renal failure," said the deputy registrar.

As his kidney function deteriorated, De Laure required three sessions of haemodialysis, which involves pumping blood out of his body to an artificial kidney machine.

"True, the injuries have thankfully stabilised by now. But the plaintiff will require lifelong follow-up for his single functioning kidney given that he is at higher risk of developing end-stage kidney disease," added the deputy registrar.

"One horrific accident later, he finds himself with multiple fractures, massive scars and one kidney short. His dreams are dashed.

"His life now is a series of compromises he makes with a new, dimmer reality. Undoubtedly, he has lost something intangible."

The deputy registrar added that De Laure, despite considerable difficulty, still completed his polytechnic education. He graduated a year later than his peers.

De Laure found employment as an associate engineer, and was paid $3,500 per month for his first job out of school. However, he found it too physically taxing due to his injuries.

He eventually found employment elsewhere as an assistant engineer, but had to take a pay cut.

"At the new job, he continues to experience difficulty handling some of the more physical aspects of his work due to his injuries. He is paid $2,400 per month at his present job," said Deputy Registrar Kim.

The total amount awarded to De Laure includes $87,000 for his kidney injuries, $70,000 for loss of future earning capacity, nearly $35,000 for loss of income relating to his delay in graduation after taking a leave of absence from school due to the accident, $20,000 for liver lacerations and $7,500 for post-traumatic stress disorder (PTSD).

Norhazlina had in earlier proceedings fully accepted responsibility for causing the accident.

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The deputy registrar said that De Laure will be inconvenienced not only by the hassle of follow-up reviews and check-ups, but also by the adjustments that he has to make to his lifestyle to prevent chronic kidney disease.

Following the crash, the plaintiff also complained of having distressing memories of the accident, especially when he had difficulty sleeping.

During a psychiatric review on Nov 18, 2019, a doctor reported that De Laure showed "some marked alterations in arousal and reactivity in terms of irritability and sleep disturbance".

Noting that the plaintiff has not been deterred from riding a motorcycle, and has even decided to buy one, Deputy Registrar Kim said De Laure may have recovered from PTSD, or that the episode he suffered was not severe.

De Laure was represented by Caleb Tan and David Siow Yi Dong from JusEquity Law Corporation, as well as Joshua Lim from Kuru & Co.

Norhazlina was represented by Narayanan Ramasamy and Donald Alastair Spencer from Securus Legal.

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This article was first published in The Straits Times. Permission required for reproduction.