Goh Pin Yi Cindy v Mahmod Fadzuli: Negligence Claim for Bicycle Accident Involving Parked Lorry
In Goh Pin Yi Cindy v Mahmod Fadzuli bin Mahnor and Another, the High Court of Singapore heard a negligence claim brought by Cindy Goh Pin Yi against Mahmod Fadzuli and Tri-Mas System Pte Ltd following a bicycle accident. On April 20, 2009, the court found both parties liable, apportioning two-thirds of the blame to the plaintiff for failing to pay sufficient attention while cycling and one-third to the defendants for negligent parking. The court entered interlocutory judgment for the plaintiff, with damages to be assessed accordingly.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Interlocutory judgment for the plaintiff for damages to be assessed on the basis that she will be entitled to recover one-third of the damages so assessed.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment reserved
1.5 Jurisdiction
Singapore
1.6 Description
A 15-year-old cyclist, Cindy Goh Pin Yi, sued Mahmod Fadzuli and Tri-Mas System for negligence after colliding with a parked lorry. The court apportioned liability, finding the cyclist two-thirds responsible.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Goh Pin Yi Cindy | Plaintiff | Individual | Interlocutory judgment for the plaintiff | Partial | |
| Mahmod Fadzuli bin Mahnor | Defendant | Individual | Liability established | Lost | |
| Tri-Mas System Pte Ltd | Defendant | Corporation | Liability established | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Judith Prakash | Judge | Yes |
4. Counsels
4. Facts
- Plaintiff, a 15-year-old, collided with a lorry parked by the first defendant, an employee of the second defendant.
- The lorry was parked on Sungei Tengah Road, near a junction, against traffic rules.
- The plaintiff was cycling downhill on a lane leading to Sungei Tengah Road.
- The plaintiff did not stop at the stop line before turning into Sungei Tengah Road.
- The road was dimly lit due to trees, despite working lamp posts.
- The first defendant admitted to parking the lorry illegally for personal convenience.
- The lorry's position restricted space for vehicles turning from the lane.
5. Formal Citations
- Goh Pin Yi Cindy v Mahmod Fadzuli bin Mahnor and Another, Suit 756/2007, [2009] SGHC 94
6. Timeline
| Date | Event |
|---|---|
| Plaintiff injured after bicycle collided with a stationary lorry. | |
| Mr. Mahmod parked the lorry along Sungei Tengah Road. | |
| Suit filed (Suit 756/2007). | |
| Judgment reserved. |
7. Legal Issues
- Negligence
- Outcome: The court found both the plaintiff and the first defendant negligent, apportioning liability two-thirds to the plaintiff and one-third to the defendants.
- Category: Substantive
- Sub-Issues:
- Breach of duty of care
- Causation
- Apportionment of liability
- Related Cases:
- [1950] 2 All ER 1151
- [1960] 1 WLR 867
- [1972] 1 QB 496
8. Remedies Sought
- Damages for injuries
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury
- Civil Litigation
11. Industries
- Transportation
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Hill-Venning v Beszant | Court of Appeal | Yes | [1950] 2 All ER 1151 | England and Wales | Cited regarding the duty of care of road users and the consequences of failing to take reasonable precautions to prevent danger to other traffic. |
| Parish v Judd | Not Available | Yes | [1960] 1 WLR 867 | England and Wales | Cited regarding the standard of care required when leaving a vehicle parked in a dark place at night. |
| Dymond v Pearce | Court of Appeal | Yes | [1972] 1 QB 496 | England and Wales | Cited to support the argument that the defendant was not liable for the plaintiff’s accident because the parked lorry did not pose a danger to road users. |
| Chan Loo Khee v Lai Siew San | Not Available | Yes | [1971] 2 MLJ 253 | Malaysia | Cited for the principle that there should be a proper apportionment of blame depending on the circumstances when a car is parked recklessly causing obstruction to other road users. |
| Chop Seng Heng v Thevannasan & Ors | Privy Council | Yes | [1975] 2 MLJ 3 | Not Available | Cited to support the principle of apportionment of liability in cases involving stationary vehicles causing obstruction. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Road Traffic Rules | Singapore |
| Road Traffic Road (Cap 276) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Negligence
- Duty of care
- Apportionment of liability
- Illegal parking
- Road traffic rules
- Contributory negligence
15.2 Keywords
- negligence
- bicycle accident
- parked lorry
- road traffic rules
- Sungei Tengah Road
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Negligence | 90 |
| Road Traffic Act | 80 |
| Personal Injury | 75 |
| Automobile Accidents | 60 |
16. Subjects
- Tort Law
- Road Accidents
- Civil Litigation