High Court rules in favour of SMRT, LTA in Thai teenager's lawsuit

[hokkien]

Thai teenager Nitcharee Peneakchanasak, who fell onto the tracks of Ang Mo Kio MRT station in 2011 and lost her legs, at the High Court on Oct 29, 2012. With her is her father, Mr Kittanesh Peneakchanasak (right), and Mr Christopher Bek from the Rotary Club. The High Court ruled against the girl, now 16, on Thursday, Jan 2, 2014, after she had sued transport operator SMRT and the Land Transport Authority for $3.4 million. -- ST FILE PHOTO: LIM SIN THAI



By Selina Lum
The High Court has ruled against Thai teenager Nitcharee Peneakchanasak, who fell onto the tracks of Ang Mo Kio MRT station in 2011 and lost her legs.

The girl, now 16, had sued transport operator SMRT and the Land Transport Authority for $3.4 million, contending that the defendants had breached their duty of care by failing to ensure that the station was reasonably safe for passengers.

But Justice Vinodh Coomaraswamy, in an 81-page written judgment released on Thursday, dismissed her claim. He found that the Ang Mo Kio MRT station was "reasonably safe" at the time she was injured and so, the defendants are not liable in negligence for those injuries.

"The plaintiff's injuries are undoubtedly tragic, especially for one so young," said the judge. "But the law of negligence awards compensation based on a defendant's culpability, not simply because a plaintiff has suffered harm."

 

[looneytan]

http://www.manager.co.th/Around/ViewNews.aspx?NewsID=9570000000570

 

[hokkien]

Selina Lum
The Straits Times
Thursday, Jan 02, 2014
But Justice Vinodh Coomaraswamy, in an 81-page written judgment released on Thursday, dismissed her claim. He found that the Ang Mo Kio MRT station was "reasonably safe" at the time she was injured and so, the defendants are not liable in negligence for those injuries.


Get the full story from The Straits Times.

Nitcharee Peneakchanasak, then 14, was on a month-long holiday in Singapore and taking English classes here when she fell onto the tracks at Ang Mo Kio MRT station on April 3, 2011.

The accident severed one of her legs and the other was later amputated.

Her father sued SMRT and the Land Transport Authority (LTA) for damages suffered by the teen.

The suit was for the sum of $3.4 million, including the estimated cost of her medical bills and the 20 pairs of prosthetic legs she will need over her lifetime.

The family claims that she fell as she was pushed by the crowd, despite standing behind the yellow safety lines. This could have been prevented if there had been barriers in place, they said.

SMRT has claimed she fell of her own accord and the station was reasonably safe at the time of the accident.

 

[leetahbar]

how much does they compensate for our army boy who dies in line of service?

well, that's singapore. get $ from people very easy. people get $ from them - wait long long!

 

[Narong Wongwan]

how much does they compensate for our army boy who dies in line of service?

well, that's singapore. get $ from people very easy. people get $ from them - wait long long!

Yes. The final verdict was never in doubt.
Remember that kangaroos are the pap's pets.

 

[batman1]

They never let u win against the SMRT/LTA.Why ? Simple. Ask yourself "who are the major shareholders of SMRT/LTA ? " The answer is obvious and so the verdict is obvious.So when LTA fined SMRT for sub-standard performances ,it is LPPL,left hand give to right hand but all in the same family,the ultimate beneficiary is Temasek Holdings.Who control Temasek Holdings ? No wonder u knock your head against the rock u never win.

 

[nutbush]

my thought on this, human legs lost, not kangaroo legs, bring the subordinate court to international court.:oIo:

Yes. The final verdict was never in doubt.
Remember that kangaroos are the pap's pets.

 

[The_Hypocrite]

She is a foreigner trying to milk the system. Dont see y she should b awarded with money at locals expense. If she won. Locals will suffer more as lta will just raise fares.

 

[laksaboy]

She is a foreigner trying to milk the system. Dont see y she should b awarded with money at locals expense. If she won. Locals will suffer more as lta will just raise fares.

LTA doesn't need a reason to raise fares.

 

[The_Hypocrite]

The less ammo given to LTA the better,,,and another point,,if she is awarded a huge payout,,do u know how many shit skins, ah tiongs and other 3rd world trash will just off the track to get compensation?? Ah nehs dont mind getting run over by cars,,they no leg etc will get the amount they cant even earn in a life time,,so they sure will take risk,,,

LTA doesn't need a reason to raise fares.

 

[ykhuser]

She is a foreigner trying to milk the system. Dont see y she should b awarded with money at locals expense. If she won. Locals will suffer more as lta will just raise fares.

a lot other is also milking our goose egg,just imaiage she won, all the past death related to mrt will also want to go to court for a share in the pie

 

[Leongsam]

It's good to see common sense prevail.

 

[nutbush]

so who is at fault in the first place, when they build the mrt, didn't they anticipate such things will happen or playing ignorant, too busy fixing pple who oppose to them. what is a few million to smrt, if i remember correctly, SPH was one of the highest paid CEO in millions.

a lot other is also milking our goose egg,just imaiage she won, all the past death related to mrt will also want to go to court for a share in the pie

 

[THE_CHANSTER]

This Thai national was never likely to win based on the facts of the case. Who was the stupid retard who advised her to litigate?
I wonder who ends up paying her legal fees as well as those of the Defendant (SMRT and LTA)?

If she had been smart, she would have settled out of court and accepted whatever $$$ SMRT & LTA were prepared to offer.
Instead she tries to take on GLCs and ends up with nothing.

 

[ykhuser]

This Thai national was never likely to win based on the facts of the case. Who was the stupid retard who advised her to litigate?
I wonder who ends up paying her legal fees as well as those of the Defendant (SMRT and LTA)?

If she had been smart, she would have settled out of court and accepted whatever $$$ SMRT & LTA were prepared to offer.
Instead she tries to take on GLCs and ends up with nothing.

her lawyers thought he is fighting in international court

 

[Hans168]

Singapore is a place where foreigners come hoping to get rich........ remember Wang Na's mother?

I think this Thai girl although pitiful, has crossed the red line! The devil is her father.

 

[Hans168]

This Thai national was never likely to win based on the facts of the case. Who was the stupid retard who advised her to litigate?
I wonder who ends up paying her legal fees as well as those of the Defendant (SMRT and LTA)?

If she had been smart, she would have settled out of court and accepted whatever $$$ SMRT & LTA were prepared to offer.
Instead she tries to take on GLCs and ends up with nothing.

She shud have hired davinder singh or harry elias.....

 

[Kuailan]

If this were to be in the US the Thai girl would get the $3.4million.
The judge in US would award the Thai girl, judgement being fair and square
whereas in Sinkiepore and kangaroo Court, the judge were under the jurisdiction
of the FamiLee, if the Judge were to award to the Thai girl, the judge himself
will become jobless!!

So in Sinkiepore don't waste your money get lawyers fighting the
"Mission Impossible" you will Never Win the case!

Buah Case!! Recess!!

 

[ykhuser]

Singapore is a place where foreigners come hoping to get rich........ remember Wang Na's mother?

I think this Thai girl although pitiful, has crossed the red line! The devil is her father.

dont think her father is the devil. someone more devil and greedy must have instigated them in a hope to split some profit.
hired davinder singh or harry elias or bangali singh or gurmit singh outcome will be the same.

 

[WongMengMeng]

1. “With her is her father, Mr Kittanesh Peneakchanasak (right), and Mr Christopher Bek from the Rotary Club”, therefore quite possible that a group of Sinkie businessmen with interests in Thailand which could be negatively impacted may have financed the litigation.

2. Rule of law means everybody, regardless of nationality, is entitled to equal protection of the law as long as the events giving rise to the cause of action occurs within the territorial jurisdiction of the court. So no need to harp on her nationality. Sinkies should expect the same degree of protection in say England or Australia.

3. The fact that after the incident barriers were installed in above ground MRT stations does not speak well for SMRT and LTA.

4. “SMRT has claimed that she fell of her own accord”! What a fucking joke of a statement. Falls are usually involuntary unless the victim intended to commit suicide or something similar.

5. Why isn’t there video evidence to show that the station was crowded at the time of the incident and people in the vicinity of the plaintiff was pushing as the train was approaching? Closed circuit TVs not working or “under maintenance”? How convenient!