SBS Transit v Stafford: Contributory Negligence in Motorcycle-Bus Collision at Intersection
In SBS Transit Ltd v Stafford Rosemary Anne Jane, the Court of Appeal of Singapore heard an appeal regarding a road traffic accident at the intersection of Clementi Road and Commonwealth Avenue West on January 12, 2002, resulting in the death of Anthony John Stafford. Rosemary Anne Jane Stafford, the administratrix of the deceased's estate, sued SBS Transit Ltd for negligence. The primary legal issue was whether the deceased was contributorily negligent. The Court of Appeal dismissed the appeal, finding no evidence of contributory negligence on the part of the deceased and affirming the trial judge's decision that the bus driver was wholly responsible for the accident.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal Dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal on contributory negligence in a fatal motorcycle-bus collision. The court found the bus driver fully liable, rejecting claims of contributory negligence.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| SBS Transit Ltd | Appellant | Corporation | Appeal Dismissed | Lost | Anthony Wee |
| Stafford Rosemary Anne Jane (administratrix of the estate of Anthony John Stafford, deceased) | Respondent | Individual | Judgment Affirmed | Won | Lynette Chew Mei Lin, Sharmini Selvaratnam |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chan Sek Keong | Chief Justice | No |
| Lee Seiu Kin | Judge | Yes |
| Andrew Phang Boon Leong | Justice of the Court of Appeal | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Anthony Wee | United Legal Alliance LLC |
| Lynette Chew Mei Lin | Harry Elias Partnership |
| Sharmini Selvaratnam | Harry Elias Partnership |
4. Facts
- A motorcyclist and a bus collided at the intersection of Clementi Road and Commonwealth Avenue West.
- The motorcyclist died on the spot from injuries suffered in the accident.
- The bus driver pleaded guilty to causing death by a negligent act.
- The traffic light was green in favor of the motorcyclist.
- The bus was making a right turn into Commonwealth Avenue West.
- The motorcyclist had a blood alcohol concentration of 68mg/100ml.
- The bus hesitated and slowed down before completing the right turn.
5. Formal Citations
- SBS Transit Ltd v Stafford Rosemary Anne Jane (administratrix of the estate of Anthony John Stafford, deceased), CA 67/2006, [2007] SGCA 7
6. Timeline
| Date | Event |
|---|---|
| Accident occurred at the intersection of Clementi Road and Commonwealth Avenue West | |
| Suit No 430 of 2004 filed | |
| Trial judge delivered decision in Suit No 430 of 2004 | |
| Judgment reserved | |
| Court of Appeal dismissed the appeal |
7. Legal Issues
- Contributory Negligence
- Outcome: The court held that the deceased was not contributorily negligent.
- Category: Substantive
- Sub-Issues:
- Failure to exercise due care at intersection
- Effect of blood alcohol concentration on fitness to ride
- Related Cases:
- [2006] 3 SLR 277
- [2005] 2 SLR 455
- Negligence
- Outcome: The court found the bus driver wholly responsible for the accident due to negligence.
- Category: Substantive
8. Remedies Sought
- Damages under s 20 of the Civil Law Act
- Damages for bereavement under s 21 of the Civil Law Act
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury Law
- Civil Litigation
11. Industries
- Transportation
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Stafford Rosemary Anne Jane v Goo Tong Sing | High Court | Yes | [2006] 3 SLR 277 | Singapore | The trial court's decision that the bus driver was wholly responsible for the accident was affirmed. |
| Ong Bee Nah v Won Siew Wan | High Court | Yes | [2005] 2 SLR 455 | Singapore | Cited regarding the duty of a driver approaching a junction with traffic lights in their favor. The court disagreed with the trial judge's interpretation of this case. |
| Saeng-Un Udom v PP | Court of Appeal | Yes | [2001] 3 SLR 1 | Singapore | Cited regarding the admissibility of expert evidence on the effect of alcohol. |
| Fardon v Harcourt-Rivington | House of Lords | Yes | [1932] All ER Rep 81 | England and Wales | Cited for the principle that a road user is only bound to guard against eventualities a reasonable man ought to foresee. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Civil Law Act (Cap 43, 1999 Rev Ed) s 20 | Singapore |
| Civil Law Act (Cap 43, 1999 Rev Ed) s 21 | Singapore |
| Penal Code (Cap 224, 1985 Rev Ed) s 304A | Singapore |
| Road Traffic Act (Cap 267, 1997 Rev Ed) s 67 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Contributory negligence
- Intersection
- Blood alcohol concentration
- Right of way
- Traffic lights
- Negligence
- Motorcycle accident
15.2 Keywords
- negligence
- contributory negligence
- motorcycle accident
- bus
- intersection
- traffic lights
- blood alcohol
- Singapore
16. Subjects
- Tort Law
- Traffic Law
- Civil Procedure
17. Areas of Law
- Tort
- Negligence
- Contributory Negligence
- Motor Vehicle Accidents