Chen Qingrui v Phua Geok Leng: Negligence Claim for Pedestrian Injury

In Chen Qingrui suing by her father and next friend Tan Kok Kiong v Phua Geok Leng, the High Court of Singapore heard a negligence claim brought by Chen Qingrui, who sustained severe injuries after being hit by a car driven by Phua Geok Leng on 25 September 1999. Chen Qingrui, suing through her father, alleged that Phua Geok Leng was negligent. Phua Geok Leng countered that Chen Qingrui was negligent. The court found both parties equally responsible for the accident and ordered damages to be assessed by the Registrar.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Judgment for Plaintiff; damages to be assessed by the Registrar. Contributory negligence found; Plaintiff equally responsible for the accident.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

High Court case involving Chen Qingrui, who was hit by a car driven by Phua Geok Leng. The court found both parties equally responsible for the accident.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Chen Qingrui suing by her father and next friend Tan Kok KiongPlaintiffIndividualJudgment for PlaintiffPartial
Phua Geok LengDefendantIndividualJudgment against DefendantPartial

3. Judges

Judge NameTitleDelivered Judgment
Tan Lee MengJudgeYes

4. Counsels

Counsel NameOrganization
Liew Teck HuatNiru & Co
D VivekanandaNiru & Co
Anand KumarB. Rao K.S. Rajah
N B RaoB. Rao K.S. Rajah

4. Facts

  1. Ms. Chen was hit by a car driven by Ms. Phua while crossing Tanglin Road.
  2. The accident occurred on 25 September 1999 at approximately 2:30 pm.
  3. Ms. Chen sustained severe injuries, including head and brain injuries, and is now permanently disabled.
  4. Ms. Phua was driving a Toyota sedan and turning from Margaret Drive into Tanglin Road.
  5. Ms. Chen was standing on a raised concrete kerb before attempting to cross the road.
  6. A pedestrian crossing with traffic lights was located about 40-45 meters from the accident site.
  7. Ms. Lim witnessed the accident and stated that Ms. Chen's leg was in mid-air before the impact.

5. Formal Citations

  1. Chen Qingrui suing by her father and next friend Tan Kok Kiong v Phua Geok Leng, Suit 937/2000/K, [2001] SGHC 64

6. Timeline

DateEvent
Accident occurred; Ms. Chen was hit by Ms. Phua's car
Suit filed (Suit 937/2000/K)
Judgment issued

7. Legal Issues

  1. Negligence
    • Outcome: The court found the defendant negligent but also found the plaintiff contributorily negligent, apportioning liability equally.
    • Category: Substantive
    • Sub-Issues:
      • Failure to keep proper lookout
      • Driving at excessive speed
      • Failure to have sufficient control over vehicle
      • Contributory negligence
  2. Contributory Negligence
    • Outcome: The court found the plaintiff contributorily negligent for failing to use the pedestrian crossing and stepping onto the road without sufficient regard for her own safety.
    • Category: Substantive
    • Sub-Issues:
      • Failure to keep proper lookout
      • Stepping onto the road without regard for safety
      • Failure to use pedestrian crossing

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Personal Injury Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Chisholm v London Passenger Transport BoardN/AYes[1939] 1 KB 426N/ACited for the principle that a pedestrian cannot suddenly embarrass a driver driving at a reasonable speed.
London Passenger Transport Board v Upson and AnorN/AYes[1949] AC 155N/ACited for the principle that a driver is obliged to keep a proper lookout even for negligent pedestrians and that failure to observe the Highway Code may be relied upon to negate liability.
Moore v PoynerN/AYes[1975] RTR 127N/ACited for the test of whether a reasonable man would have foreseen the possibility of danger and slowed down or sounded his horn.
Tan Ngo Hwa & Anor v Siew Mun PhuiN/AYesSuit No 1638 of 1995N/ACited for the effect of Rule 3 of the Road Traffic (Pedestrian Crossing) Rules on liability.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Road Traffic (Pedestrian Crossing) RulesSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Negligence
  • Contributory negligence
  • Pedestrian crossing
  • Kerb
  • Traffic accident
  • Reconstruction
  • Liability
  • Damages

15.2 Keywords

  • negligence
  • pedestrian
  • accident
  • contributory negligence
  • Singapore
  • High Court

17. Areas of Law

Area NameRelevance Score
Automobile Accidents90
Personal Injury85
Negligence80
Road Traffic Act70

16. Subjects

  • Tort
  • Road Accidents
  • Personal Injury