Zhang Wan Bo v Poh Kay Leong: Negligence Claim for Pedestrian Injury on Circular Road
In Zhang Wan Bo v Poh Kay Leong and Poh Choon Ann (Pte) Ltd, the High Court of Singapore heard a negligence claim. The plaintiff, Zhang Wan Bo, sued Poh Kay Leong, the driver, and Poh Choon Ann (Pte) Ltd, the employer of the driver, for injuries sustained when he was hit by a car driven by Poh Kay Leong on Circular Road. The claim against Poh Choon Ann (Pte) Ltd was withdrawn. The court found Poh Kay Leong solely liable for the accident and ruled in favor of the plaintiff.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for Plaintiff
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
High Court case regarding a negligence claim where the plaintiff was injured by the defendant's car while walking on Circular Road. The court found the defendant solely liable.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Zhang Wan Bo | Plaintiff | Individual | Judgment for Plaintiff | Won | |
| Poh Kay Leong | Defendant | Individual | Judgment against Defendant | Lost | |
| Poh Choon Ann (Pte) Ltd | Defendant | Corporation | Action Withdrawn | Withdrawn |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Judith Prakash | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| N. Srinivasan | Hoh & Partners |
| Peter Madhavan | Madhavan Partnership |
| Subramanian | Madhavan Partnership |
4. Facts
- The plaintiff was hit by a car driven by the first defendant while walking on Circular Road.
- The first defendant was reversing his car into a parking lot when the accident occurred.
- The plaintiff sustained a cervical whiplash which caused him to become paralysed.
- The first defendant was convicted of driving without due care and attention under the Road Traffic Act.
- The plaintiff and his wife were walking abreast of each other when the accident occurred.
- The plaintiff initially claimed he was walking against the flow of traffic.
- The plaintiff's wife and friend testified that the plaintiff was on the left side of the road before the accident.
5. Formal Citations
- Zhang Wan Bo v Poh Kay Leong and Another, Suit 1442/2001, [2002] SGHC 274
6. Timeline
| Date | Event |
|---|---|
| Plaintiff arrived in Singapore. | |
| Plaintiff was knocked down by a car. | |
| Plaintiff commenced action for damages. | |
| First defendant was found guilty of driving without due care and attention. | |
| Trial commenced. | |
| Judgment was given in favour of the plaintiff. |
7. Legal Issues
- Negligence
- Outcome: The court found the first defendant negligent in driving without due care and attention, leading to the injury of the plaintiff.
- Category: Substantive
- Contributory Negligence
- Outcome: The court rejected the argument that the plaintiff was contributorily negligent.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury
- Civil Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Road Traffic Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Negligence
- Cervical Whiplash
- Circular Road
- Reversing
- Due Care and Attention
- Contributory Negligence
15.2 Keywords
- Negligence
- Personal Injury
- Road Accident
- Singapore
- High Court
- Pedestrian
- Circular Road
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Road Traffic Act | 80 |
| Automobile Accidents | 75 |
| Negligence | 70 |
| Personal Injury | 60 |
| Evidence | 50 |
| Cervical Whiplash | 40 |
| Civil Procedure | 30 |
| Estoppel | 20 |
16. Subjects
- Tort
- Personal Injury
- Road Accidents