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Man injured by falling bag sues SIA
Airline says it took all steps to ensure passengers' safety
by Teo Xuanwei
05:55 AM May 13, 2010
SINGAPORE - An Englishman is taking Singapore Airlines (SIA) to court after another passenger's bag from an overhead compartment fell on his head during a flight in 2007. Mr Mark David Ryan, 41, who had to undergo neck surgery after the accident on board a flight bound for Hong Kong on July 18, is claiming more than $60,000 in medical expenses incurred so far, according to court documents filed.
He is also seeking damages for pain and suffering, loss of future earnings and earning capacity, as well as future medical and transport costs. No specific sum for these damages were stated in the court documents. Mr Ryan, who is now a Singapore resident and is said to have been in the IT industry, claims SIA did not take adequate care to prevent the accident from happening. He alleges that it happened when a flight attendant was reaching up to place a bag in the overhead compartment above his seat.
SIA, represented by Rodyk and Davidson's partners Mr Edric Pan and Ms Mar Seow Hwei, is disputing the claim as well as Mr Ryan's version of events, saying it had taken all necessary measures to ensure the safety of its passengers. The airline also said it was another passenger who was trying to put a bag in the compartment, and that the bag had fallen before a cabin crew member could reach out to stop it from falling.
The writ of summons filed in November 2008 states that the impact "severely snapped the back of Mr Ryan's head and pushed his neck sharply forward". Subsequently, he felt constant pain in his neck and right side of his body, and had to wear a neck collar. He also lost 90 per cent of the strength in his right arm and leg, according to medical reports filed.
Despite physiotherapy, there was little improvement. According to consultant neurosurgeon Dr Yeo Tseng Tai, the accident was a "direct cause of the symptomatic cervical disc prolapse" which compressed Mr Ryan's spinal cord, necessitating open surgery. Mr Ryan, who is represented by Mr Tito Isaac from Tito Isaac and Co, could only return to part-time work in January 2008.
This is not the first time SIA has been sued for such accidents. In March 2004, a High Court awarded Dr Euan Murugasu $583,000 for his injuries, loss of earnings and cost of future medical treatment after a suitcase fell from an overhead compartment onto his neck. Dr Murugasu, who is a President's Scholar, had to give up his job as a ear, nose and throat surgeon at Tan Tock Seng Hospital after the accident on an SIA flight in May 2000. The pain from his injury affected his concentration and efficiency, he said, and he had to switch to a research job at which he earned much less.
