Tan You Cheng v Ng Kok Hin: Negligence and Contributory Negligence on the PIE Expressway
In Tan You Cheng v Ng Kok Hin, the High Court of Singapore addressed a negligence claim arising from a traffic accident on the Pan Island Expressway (PIE). The plaintiff, Tan You Cheng, sued the defendant, Ng Kok Hin, for negligence after Ng Kok Hin's car collided with him. The incident occurred after Tan You Cheng stopped his lorry on the expressway to retrieve fallen goods. The court found both parties liable, apportioning 80% liability to Tan You Cheng and 20% liability to Ng Kok Hin, citing contributory negligence on the part of the plaintiff.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for Plaintiff; liability apportioned 80% to Plaintiff and 20% to Defendant.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Plaintiff sued Defendant for negligence after being hit by Defendant's car on the PIE. The court found both parties liable, apportioning 80% liability to Plaintiff and 20% to Defendant.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Tan You Cheng | Plaintiff | Individual | Judgment for Plaintiff | Partial | A Revi Shanker s/o K Annamalai |
| Ng Kok Hin | Defendant | Individual | Partial Liability | Partial | Yeo Kim Hai Patrick, Lim Hui Ying |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andre Maniam | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| A Revi Shanker s/o K Annamalai | ARShanker Law Chambers |
| Yeo Kim Hai Patrick | Legal Solutions LLC |
| Lim Hui Ying | Legal Solutions LLC |
4. Facts
- Plaintiff stopped his lorry on the PIE after goods fell off.
- Plaintiff failed to secure the goods properly before the journey.
- Plaintiff left the lorry stationary in lane 3 for 15-30 minutes.
- Plaintiff did not put up a warning sign to alert oncoming traffic.
- Plaintiff was standing in lane 2, in the shadow of the lorry, when hit.
- Defendant admitted to being sleepy while driving.
- Defendant pleaded guilty to driving without due care and attention.
5. Formal Citations
- Tan You Cheng v Ng Kok Hin, Suit No 976 of 2018, [2020] SGHC 237
6. Timeline
| Date | Event |
|---|---|
| Accident occurred on the Pan Island Expressway (PIE). | |
| Suit No 976 of 2018 filed. | |
| Trial began. | |
| Trial continued. | |
| Trial continued. | |
| Plaintiff’s written submissions dated. | |
| Judgment reserved. |
7. Legal Issues
- Negligence
- Outcome: The court found the defendant negligent for failing to keep a proper lookout.
- Category: Substantive
- Sub-Issues:
- Failure to keep a proper lookout
- Driving without due care and attention
- Contributory Negligence
- Outcome: The court found the plaintiff contributorily negligent for stopping his lorry on the expressway and failing to take adequate safety precautions.
- Category: Substantive
- Sub-Issues:
- Stopping vehicle on expressway
- Failure to secure load
- Obstructing traffic
- Standing in a dangerous position
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury
- Motor Vehicle Accidents
11. Industries
- Transportation
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Yang Xi Na v Lim Chong Hong and another (Ong Ah Seng, third party) | High Court | Yes | [2006] 3 SLR(R) 459 | Singapore | Cited as a precedent for apportioning liability in cases involving collisions with stationary vehicles. |
| Dymond v Pearce and others | Court of Appeal | Yes | [1972] 1 QB 496 | England and Wales | Cited as a case where the accident was found to be wholly attributable to the negligence of the motorcyclist who collided into a parked lorry. |
| Chop Seng Heng v Thevannasan and others | Privy Council | Yes | [1975] 2 MLJ 3 | Malaysia | Cited as a case where a moving lorry collided into a stationary lorry, and the Privy Council restored the trial judge's finding of apportioned liability. |
| Chan Loo Khee v Lai Siew San and others | N/A | Yes | [1971] 1 MLJ 253 | Malaysia | Cited for the principle of proper apportionment of blame in cases of obstruction causing accidents. |
| Lim Kar Bee v Abdul Latif Bin Ismail | Federal Court | Yes | [1978] 1 MLJ 109 | Malaysia | Cited as a case where a motorcyclist collided into steel pipes left on the side of the road. |
| Ong Bee Nah v Won Siew Wan (Yong Tian Choy, third party) | N/A | Yes | [2005] 2 SLR(R) 455 | Singapore | Cited as a case concerning an offence of driving without due care or consideration, where the court examined the reasons behind a party deciding to admit to an offence. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Road Traffic Act (Cap 276, 2004 Rev Ed) s 65(a) | Singapore |
| Road Traffic Rules (Cap 276, R 20, 1999 Rev Ed) Rule 18 | Singapore |
| Road Traffic (Expressway Traffic) Rules (Cap 276, R 23, 1990 Rev Ed) Rule 6 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Expressway
- Contributory negligence
- Stationary vehicle
- Due care and attention
- Proper lookout
- Road Traffic Rules
- Road Traffic Act
15.2 Keywords
- Negligence
- Contributory negligence
- Road accident
- Expressway
- Singapore
- Traffic law
16. Subjects
- Tort Law
- Road Accidents
- Civil Litigation
17. Areas of Law
- Tort
- Negligence
- Contributory Negligence