Kim Anseok v Shi Sool Hee: Negligence, Pedestrian Crossing, and Contributory Negligence in Fatal Road Accident

In Kim Anseok and another (personal representatives of the estate of Kim Miseon, deceased) v Shi Sool Hee, the Singapore High Court addressed a claim arising from a fatal road accident. Kim Miseon, a young Korean badminton player, was struck by a car driven by Shi Sool Hee while crossing Guillemard Road. The plaintiffs, Kim Miseon's parents, sued for negligence. The court, presided over by Kan Ting Chiu J, found the defendant negligent but also held the deceased contributorily negligent for failing to heed the red pedestrian crossing light. Liability was apportioned 30% to the defendant and 70% to the deceased. The court awarded damages for dependency claims and bereavement, but denied the claim for pain and suffering. The court also addressed special damages and interest.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Judgment for the Plaintiffs, liability apportioned 30% to the Defendant and 70% to the Deceased.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Singapore High Court case concerning a fatal road accident involving a pedestrian. The court addressed negligence, contributory negligence, and damages, apportioning liability between the driver and the deceased.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Kim AnseokPlaintiffIndividualDependency claim allowed in partPartial
Jeon SangsunPlaintiffIndividualDependency claim allowed in partPartial
Shi Sool HeeDefendantIndividualLiability establishedLost

3. Judges

Judge NameTitleDelivered Judgment
Kan Ting ChiuJudgeYes

4. Counsels

Counsel NameOrganization
Lynette Chew Mei LinInca Law LLC
Yvonne Foo Wan LingInca Law LLC
Chua Tong Nung EdwinLawrence Chua & Partners

4. Facts

  1. Kim Miseon, a 15-year-old Korean badminton player, was struck by a car while crossing Guillemard Road.
  2. The accident occurred at a pedestrian crossing outside the Singapore Badminton Hall.
  3. The deceased was crossing against a red pedestrian light.
  4. The defendant was driving along Guillemard Road towards Nicoll Highway.
  5. The defendant pleaded guilty to driving without due care and attention in criminal proceedings.
  6. The deceased's friends testified that the pedestrian light was blinking green when they started crossing.
  7. An independent witness testified that the pedestrian light was red when the girls started crossing.

5. Formal Citations

  1. Kim Anseok and another (personal representatives of the estate of Kim Miseon, deceased) v Shi Sool Hee, Suit No 926 of 2008, [2010] SGHC 124

6. Timeline

DateEvent
Kim Miseon born.
Road accident occurred; Kim Miseon died.
Coroner's Inquiry returned an open verdict.
Shi Sool Hee pleaded guilty to driving without due care and attention.
Suit No 926 of 2008 filed.
Judgment reserved.

7. Legal Issues

  1. Negligence
    • Outcome: The court found the defendant negligent for failing to slow down when approaching the pedestrian crossing.
    • Category: Substantive
    • Sub-Issues:
      • Failure to exercise due care
      • Failure to keep a proper lookout
      • Failure to slow down at a junction
    • Related Cases:
      • [2005] 2 SLR(R) 455
      • 146 LT 391
  2. Contributory Negligence
    • Outcome: The court found the deceased contributorily negligent for crossing against the red light and running into the path of the defendant's car.
    • Category: Substantive
    • Sub-Issues:
      • Failure to heed traffic signals
      • Failure to keep a proper lookout
      • Crossing against a red light
    • Related Cases:
      • [1993] 1 SLR(R) 532
  3. Apportionment of Liability
    • Outcome: The court apportioned liability 30% to the defendant and 70% to the deceased.
    • Category: Procedural
  4. Damages
    • Outcome: The court awarded damages for dependency claims and bereavement, but denied the claim for pain and suffering.
    • Category: Substantive
    • Sub-Issues:
      • Dependency claims
      • Bereavement damages
      • Special damages
      • Pain and suffering

8. Remedies Sought

  1. Damages for negligence
  2. Dependency claims
  3. Bereavement damages
  4. Special damages
  5. Pain and suffering

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Personal Injury Law
  • Motor Vehicle Accidents

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Ong Bee Nah v Won Siew Wan (Yong Tian Choy, third party)High CourtYes[2005] 2 SLR(R) 455SingaporeCited to establish the duty of a motorist approaching a junction with traffic lights in their favor.
Fardon v Harcourt-RivingtonN/AYes146 LT 391N/ACited for the principle that negligence requires a reasonably apparent possibility of danger.
Ng Weng Cheong v Soh Oh Loo and anotherCourt of AppealYes[1993] 1 SLR(R) 532SingaporeCited to establish the duty of pedestrians to abide by traffic light signals and the consequences of failing to do so; liability apportioned.
Ling Kee Ling and another v Leow Leng Siong and othersN/AYes[1994] 3 SLR(R) 395SingaporeCited for the principle that multipliers in dependency claims should consider the differences in the relationship between the dependents and the deceased.
Low Yok Ying & Another v Sim Kok Lee & OthersN/AYes[1990] 2 SLR(R) 713SingaporeCited for the principle that a claim for pain and suffering must fail if there is no evidence that the deceased suffered any pain.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Road Traffic Act (Cap 65 2004 Rev Ed) s 65(a)Singapore
Evidence Act (Cap 97, 1997 Rev Ed) s 45ASingapore
Civil Law Act (Cap 43, 1999 Rev Ed) s 21Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Pedestrian crossing
  • Contributory negligence
  • Apportionment of liability
  • Dependency claims
  • Bereavement damages
  • Due care and attention
  • Traffic signals
  • Road accident

15.2 Keywords

  • negligence
  • road accident
  • pedestrian crossing
  • contributory negligence
  • damages
  • singapore
  • high court

17. Areas of Law

Area NameRelevance Score
Automobile Accidents90
Personal Injury80
Wrongful Death75
Road Traffic Act70
Evidence50
Measure of Damages40
Civil Procedure30

16. Subjects

  • Negligence
  • Road Accidents
  • Personal Injury
  • Contributory Negligence