Among Grace Law LLC’s work in negligence law that helped clinch the firm’s first appearance on the Singapore’s Best Law Firms list was a fatal road traffic accident case in which it successfully argued against the victim sharing any blame for his death.
The High Court found the truck driver, Selvakumar Ranjan, wholly liable for cyclist Mark Doney’s death in the collision that occurred on Nov 10, 2019, in Nicoll Drive. Mr Doney died of spinal and brain injuries four days after the accident.
He was cycling along the eastbound carriageway of Nicoll Drive in the left lane when Ranjan made a right turn out of a Changi Beach carpark across Mr Doney’s path to join the westbound carriageway.
The court found the truck driver had failed to stop, give way to the oncoming traffic and maintain a proper lookout. Justice S. Mohan said his evidence was “replete with holes, contradictions and implausible assertions”.
The case went down to the wire when experts from both sides gave opposing views on the split-second time difference needed to see and react to a potential collision. This was crucial in determining if Mr Doney should be partly to blame by not reacting quickly enough when he saw the lorry. The defence argued that the victim was 30 per cent to blame for the collision, which should be factored in the damages sought by his family.
The defendants – the driver and his employer NTT Transport – engaged a forensic expert from New Zealand, while Grace Law, representing the plaintiff, had a local forensic expert assist the court in technical issues and accident reconstruction.
Writing about the case on the firm’s website, lawyer Grace Malathy said: “The experts disagreed with each other on the theory, methodology, and findings.”
One of the many technical issues discussed in the five-day trial in October 2022 was whether the cyclist could have averted the collision. At which precise moment did the lorry become an actual moving hazard, and did Mr Doney have enough time to see it and react?
Ms Malathy wrote: “One expert said that the cyclist needed at least 2.5 seconds while the other said two seconds was more than enough. We fought over split seconds as each millisecond made a difference on whether the dead cyclist was negligent!”
Justice Mohan in judgment grounds issued in May 2023 found both the driver and his employer jointly liable for the accident. They are appealing against the decision.
The truck driver subsequently pleaded guilty to a related road traffic offence, was jailed for nine months and deported to India after completing his sentence.
Mr Doney, who lived in Singapore with his wife and three children, ran his own business and was the sole breadwinner.
“We are privileged to be recognised for our work, appreciating that the work we do directly impacts the lives of our clients and their families,” said Ms Malathy.
“With fatal accident cases, we have to be the voice for the dead. Dealing with clients who have suffered tragic losses requires much sensitivity, handholding, and patience as grief has no time limit. The recognition award will certainly spur us to continue giving our best to our clients.”
