Hapsuwan Sakon v CT Civil Construction: Negligence Claim for Cyclist-Truck Collision

In Hapsuwan Sakon v CT Civil Construction Pte Ltd, the High Court of Singapore heard a negligence claim arising from a collision between cyclist Hapsuwan Sakon and a truck driven by Lim Poh Guan, an employee of CT Civil Construction Pte Ltd, on 27 September 2015. The court, presided over by Justice Woo Bih Li, found both the truck driver and the cyclist negligent, apportioning liability 20% to the driver and 80% to the cyclist. The court granted the cyclist interlocutory judgment, with damages to be assessed by the Registrar.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Interlocutory judgment granted to the Plaintiff with damages to be assessed; liability apportioned 20% to the Defendant and 80% to the Plaintiff.

1.3 Case Type

Civil

1.4 Judgment Type

Ex Tempore Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Cyclist Hapsuwan Sakon sued CT Civil Construction for negligence after a collision with their truck. The court found both parties negligent, apportioning 20% liability to the truck driver and 80% to the cyclist.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Hapsuwan SakonPlaintiffIndividualInterlocutory judgment grantedPartial
CT Civil Construction Pte LtdDefendantCorporationLiability apportionedLost
Lim Poh GuanDefendantIndividualLiability apportionedLost

3. Judges

Judge NameTitleDelivered Judgment
Woo Bih LiJudgeYes

4. Counsels

Counsel NameOrganization
Tan Heng KhimApex Law LLP
Lisa Yeo Poh ChooApex Law LLP
Ramasamy K ChettiarCentral Chambers Law Corporation
Lim Hwee Peng, ScarlettCentral Chambers Law Corporation

4. Facts

  1. A cyclist collided with a truck at the intersection of a footpath and a side road.
  2. The truck was exiting a construction site onto a side road leading to Tampines Road.
  3. The cyclist was traveling on a footpath that intersected the side road at a right angle.
  4. The truck driver did not notice the cyclist before the collision.
  5. The cyclist claimed he was cycling on the footpath, while the defendants inferred he was on the main road.
  6. The cyclist admitted to looking left instead of right before the collision.
  7. The cyclist's bicycle hit the truck near the center.

5. Formal Citations

  1. Hapsuwan SakonvCT Civil Construction Pte Ltd and another, Suit No 769 of 2016, [2017] SGHC 63

6. Timeline

DateEvent
Accident occurred between cyclist and truck
Suit filed (Suit No 769 of 2016)
Trial began
Trial continues
Trial continues
Ex Tempore Judgment issued

7. Legal Issues

  1. Negligence
    • Outcome: The court found both the truck driver and the cyclist negligent.
    • Category: Substantive
    • Sub-Issues:
      • Failure to keep proper lookout
      • Failure to take evasive action
      • Failure to warn
  2. Contributory Negligence
    • Outcome: The court found the cyclist contributorily negligent and apportioned liability.
    • Category: Substantive
    • Sub-Issues:
      • Failure to keep proper lookout
      • Failure to give way

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Personal Injury
  • Civil Litigation

11. Industries

  • Construction

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Negligence
  • Contributory negligence
  • Right of way
  • Duty of care
  • Proper lookout
  • Apportionment of liability

15.2 Keywords

  • Negligence
  • Cyclist
  • Truck
  • Collision
  • Contributory Negligence
  • Singapore
  • High Court

17. Areas of Law

Area NameRelevance Score
Negligence90
Torts70
Personal Injury50
Automobile Accidents30

16. Subjects

  • Tort Law
  • Negligence
  • Personal Injury