Tan Yee Zhen v Yeo Cheng Khoy: Negligence Claim for Pedestrian Road Accident

In Tan Yee Zhen (by his litigation representative Tan Seow Thiang) v Yeo Cheng Khoy, the High Court of Singapore heard a negligence claim arising from a road accident. The plaintiff, Tan Yee Zhen, a pedestrian, was struck by a van driven by the defendant, Yeo Cheng Khoy. The court found the defendant negligent for failing to keep a proper lookout and driving with sufficient care, but also found the plaintiff contributorily negligent for rushing across the road while distracted. The court apportioned 80% of the responsibility to the defendant and 20% to the plaintiff, with damages to be assessed by the registrar.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Judgment for the Plaintiff; liability apportioned 80% to the Defendant and 20% to the Plaintiff.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

High Court case involving a negligence claim after a road accident. The court found the defendant 80% responsible for the accident and the plaintiff 20% responsible.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Tan Yee Zhen (by his litigation representative Tan Seow Thiang)PlaintiffIndividualJudgment for PlaintiffPartial
Yeo Cheng KhoyDefendantIndividualJudgment against DefendantLost

3. Judges

Judge NameTitleDelivered Judgment
Philip PillaiJYes

4. Counsels

Counsel NameOrganization
Peter EzekielPeter Ezekiel & Co
Riaz Ali Bin Abdul QayyumRiaz LLC
Edwin ChuaLawrence Chua & Partners

4. Facts

  1. The defendant was driving a van along Bedok North Avenue 1.
  2. The plaintiff, a 13-year-old, was diagonally crossing the road.
  3. The defendant's van collided with the plaintiff.
  4. The plaintiff sustained severe head injuries.
  5. The defendant was convicted of careless driving.
  6. The plaintiff was wearing headphones while crossing the road.
  7. The defendant saw the plaintiff running across the road.

5. Formal Citations

  1. Tan Yee Zhen (by his litigation representative Tan Seow Thiang) v Yeo Cheng Khoy, Suit No 922 of 2009, [2010] SGHC 207

6. Timeline

DateEvent
Accident occurred
Suit filed
Judgment reserved

7. Legal Issues

  1. Negligence
    • Outcome: The court found the defendant negligent in failing to keep an adequate and proper lookout and in failing to drive with sufficient care.
    • Category: Substantive
    • Sub-Issues:
      • Failure to keep proper lookout
      • Driving at excessive speed
      • Contributory negligence
  2. Contributory Negligence
    • Outcome: The court found the plaintiff contributorily negligent for rushing across the road while distracted.
    • Category: Substantive
    • Sub-Issues:
      • Pedestrian crossing road negligently
      • Distraction of pedestrian

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Negligence

10. Practice Areas

  • Personal Injury Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Bingham’s Motor Claims CasesN/AYesBingham’s Motor Claims Cases, (Butterworths, 8th Ed, 1980) at pp 112-113N/ACited for braking distance calculation at a speed of 30 km/h.

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

  • Road accident
  • Negligence
  • Contributory negligence
  • Personal injury
  • Pedestrian
  • Careless driving
  • Apportionment of liability

15.2 Keywords

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

17. Areas of Law

Area NameRelevance Score
Negligence90
Personal Injury80
Automobile Accidents75
Road Traffic Act70
Evidence50

16. Subjects

  • Tort
  • Road Traffic Accident
  • Negligence