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SINGAPORE: A woman who fell into an open culvert on a pedestrian path and was injured five years ago went to court on Monday (November 23) to sue PUB for S $ 5 million in damages.
Ms. Chan Hui Peng, 47, was walking down Simon Road at 10:30 am on December 1, 2015, when she fell 2 meters into an open culvert at the intersection with Upper Serangoon Road.
The former accountant suffered multiple injuries, including a fractured ankle, multiple bruises and abrasions to 11 areas of her body, and bulging spinal disc.
As a result, he is unable to run and suffers from gait disturbances, limb scarring, and intermittent low back pain. He also cannot sit for more than an hour without experiencing neck pain, and he suffers from nerve damage that prevents him from using his right hand in some activities.
In his affidavit, he said that he experiences post-traumatic headaches and has suffered psychiatric injuries such as anxiety and panic attacks. He also claimed to suffer from post-traumatic stress disorder, major depressive disorder, and schizophrenia.
He developed a fear and phobia of getting into holes and had related nightmares, and was unable to get a job in the accounting industry as he frequently needed to take medical leave.
His lawyers at LegalStandard LLP said PUB accepted 70 percent responsibility for the accident, but a dispute remains over the physical injuries, the medical expenses to treat them, as well as future treatment and related expenses.
Initially, a figure of S $ 20 million was included in court documents. In response, PUB attorneys at WhiteFern LLC said Ms. Chan “has made a mountain out of a molehill and has taken the opportunity to capitalize on the injuries she allegedly suffered from the accident.”
Ms. Chan later changed the figure to S $ 5 million, which includes damages for pain and suffering from her injuries, cost of future medical expenses, loss of opportunity to have a child, prospective costs of a caregiver, and loss of earning capacity. and future earnings.
Tried to break through: pub
According to the PUB defense, there were three PUB officers inspecting an open sewer along the pedestrian path on the day of the incident.
“When he approached the open sewer, he saw the three officers and attempted to break through it instead of walking around them and the open sewer, causing him to fall into the sewer,” PUB attorneys said.
Ms Chan said in her affidavit that she was watching where she was going and that she was not using her phone, as PUB alleges.
She was in no rush and was on her way to buy a bird’s nest on a sunny morning with “blindingly bright” sunlight, Ms. Chan said.
He said the culvert was “shrouded in a shadow created by the foliage of cloudy trees,” and that he only saw “a large patch of dark shadows” in the area and did not see or expect the culvert to be open.
The three PUB officers were in plain clothes and had no security equipment, and there were no warning signs or barricades, Ms Chan said.
“As the PUB officers weren’t looking around or forming a formation blocking the entire Kovan trail, there was nothing to warn me that there was danger ahead or that I should avoid walking the Kovan trail.”
Ms. Chan claimed that the officers knew she was approaching, but did not warn her of any danger, instead continuing their conversation.
“Just as my outstretched arm was about to make contact with the PUB officers, I suddenly found myself falling and falling down,” Ms. Chan said.
“My outstretched arm hit the pavement and instinctively I held onto the ground in front of the gutter with both arms and hands.
He fell into the hole, landing on his feet and then on his buttocks, and felt his spine and shoulders jerk with pain in various parts of his body.
DISHONEST PLAINTIFF, PUBLIC CLAIMS
In its opening defense statement, PUB’s attorneys said it denies causation and diagnosis of various alleged injuries and the extent of Ms. Chan’s residual disabilities.
PUB said Ms Chan “has been dishonest in making her claim,” and lawyers for the board said this is an unprecedented case.
This is the first time the court will have to decide whether a diagnosis of schizophrenia, if proven, is caused by the allegations, and decide whether Ms. Chan can claim schizophrenia.
“It is very unfortunate that (Ms. Chan) did not come to court with clean hands and produced evidence in the hope of a windfall,” PUB attorneys said.
“While this accident is truly unfortunate, the defendant will allege that the plaintiff had been dishonest. We will seek a fair and just judgment from this honorable court in light of this and the evidence that will be adduced.”
The trial continues.
