Mykytowych v V I P Hotel: Negligence Claim for Hotel Lobby Slip and Fall Resulting in Knee Fracture and Alleged Complex Regional Pain Syndrome

In Mykytowych v V I P Hotel, Pamela Jane Mykytowych sued V I P Hotel in the High Court of Singapore for negligence after she slipped and fell in the hotel lobby on 7 May 2011. The court, presided over by Justice Choo Han Teck, had to assess the damages due to the plaintiff, considering claims of a knee fracture, Complex Regional Pain Syndrome (CRPS), and loss of future earnings. The court found the plaintiff 50% liable and ultimately awarded significantly less damages than claimed, finding that the plaintiff had exaggerated the effect of her CRPS and her loss of income. The judgment was delivered on 19 May 2015.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Judgment for Plaintiff; damages awarded significantly less than claimed.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Pamela Mykytowych sued V I P Hotel for negligence after a slip and fall. The court assessed damages, finding the plaintiff exaggerated her CRPS and loss of income claims.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Pamela Jane MykytowychPlaintiffIndividualJudgment for PlaintiffPartial
V I P HotelDefendantCorporationPartial LossLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Salem bin Mohamed IbrahimSalem Ibrahim LLC
Chew Yun Ping, JoanneSalem Ibrahim LLC
Ismail bin AtanSalem Ibrahim LLC
Appoo RameshJust Law LLC
Rajashree RajanJust Law LLC

4. Facts

  1. The plaintiff slipped and fell in the lobby of the defendant hotel on 7 May 2011.
  2. The plaintiff sustained a fracture of the left patella, a strained left ankle, and an abrasion to the left knee.
  3. The plaintiff claimed to suffer from Complex Regional Pain Syndrome (CRPS) as a result of the accident.
  4. The plaintiff claimed significant loss of future earnings due to her inability to work.
  5. The defendant disputed the diagnosis of CRPS and claimed the plaintiff exaggerated her pain and disability.
  6. Surveillance evidence showed the plaintiff was more ambulant than she claimed.
  7. The plaintiff had signed another contract with MDIS after claiming she could no longer work.

5. Formal Citations

  1. Mykytowych, Pamela Jane v V I P Hotel, Suit No 703 of 2012 (HC/Assessment of Damages No 4 of 2015), [2015] SGHC 113

6. Timeline

DateEvent
Plaintiff married Andrew Mykytowych.
Plaintiff and her husband arrived in Singapore and stayed at the V I P Hotel.
Plaintiff slipped and fell at the lobby of the defendant hotel.
Action was transferred to the High Court.
Plaintiff conducted classes in a three-week long English Summer Camp at MDIS.
Plaintiff conducted classes in a three-week long English Summer Camp at MDIS.
Plaintiff conducted two public seminars on business English at MDIS.
Plaintiff conducted two public seminars on business English at MDIS.
Plaintiff signed a contract with MDIS to teach further classes in business English.
Plaintiff examined by Dr Bernard Lee.
Assessment of damages proceedings heard before the judge.
Assessment of damages proceedings heard before the judge.
Judgment reserved.

7. Legal Issues

  1. Negligence
    • Outcome: The court found the defendant liable for negligence, but only at 50% liability.
    • Category: Substantive
  2. Assessment of Damages
    • Outcome: The court significantly reduced the damages awarded to the plaintiff due to exaggeration of claims.
    • Category: Procedural
  3. Complex Regional Pain Syndrome (CRPS)
    • Outcome: The court proceeded on the basis that the plaintiff was suffering from CRPS, but found that the plaintiff had grossly exaggerated the effect of her CRPS.
    • Category: Substantive

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Personal Injury Litigation

11. Industries

  • Hospitality

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
Rules of Court (Cap 322, R 5, 2014 Rev Ed)

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Negligence
  • Complex Regional Pain Syndrome
  • CRPS
  • Assessment of Damages
  • Loss of Future Earnings
  • Malingering
  • Surveillance Evidence

15.2 Keywords

  • slip and fall
  • hotel
  • negligence
  • CRPS
  • complex regional pain syndrome
  • damages
  • personal injury

17. Areas of Law

Area NameRelevance Score
Damages Assessment90
Negligence80
Personal Injury75
Complex Regional Pain Syndrome60
Civil Procedure50
Fibromyalgia40
Evidence40
Medical Negligence30

16. Subjects

  • Personal Injury
  • Negligence
  • Civil Litigation