12 Jun 2007
MOK KA YIN (a minor) by SEI WAI LAN v. TSANG HING ON
- Citation
- MOK KA YIN (a minor) by SEI WAI LAN v. TSANG HING ON
- Court
- District Court
- Case number
- DCPI692/2004
The court accepted the defendant's plausible medical explanations (sudden heart attack, hypoglycaemia or arrhythmia) supported by autopsy and expert evidence and the observed facts (no braking, driver slumped over wheel, severe coronary atheroma, gliclazide present), which displaced the res ipsa loquitur inference; regulation 7A(3)(b) did not apply because the plaintiff was not in a specified seat; plaintiff failed to prove negligence on balance and the collision was an inevitable accident/act of God; claim dismissed.