1. ) ABDUL SAMAD BIN HAMAD 2. ) BIFORST LOGISTICS SDN BHD 1. ) LIM SOOK LIEW 2. ) YU YEH SUANG 3. ) XXXX

1. ) ABDUL SAMAD BIN HAMAD 2. ) BIFORST LOGISTICS SDN BHD 1. ) LIM SOOK LIEW 2. ) YU YEH SUANG 3. ) XXXX

The High Court found the Sessions Court was correct that the 1st Defendant swerved into the emergency lane and was negligent but erred by failing to assess plaintiffs' own conduct; applying contributory negligence principles the Plaintiffs were 20% to blame and Defendants 80%. P2's spinal injury was paraplegia (not quadriplegia) so general damages for spinal injury reduced to RM300,000. Future nursing care award maintained in kind (one domestic helper and one specially trained nurse) but duration adjusted to 34 remaining years of life expectancy reduced by one-third for contingencies (23 years), giving RM2,760,000. Special hospital bills of RM644,507.80 were accepted but reduced by...

Citation
BA-12B-103-11/2022 (Mahkamah Tinggi)
Parties
Appellant/defendant: ABDUL SAMAD BIN HAMAD; Appellant/defendant: BIFORST LOGISTICS SDN. BHD.; Respondent/plaintiff: LIM SOOK LIEW; Respondent/plaintiff: YU YEH SUANG; Respondent/plaintiff: YU AN KSYAZ
Court
High Court
Jurisdiction
Malaysia
Judgment Date
12 September 2024
Case Number
BA-12B-103-11/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (personal Injury Tort) / High Court Judgment on Appeal From Sessions Court After Full Trial
Outcome
Appeals allowed in part; Sessions Court judgment varied on apportionment and specific quantum items but otherwise upheld
Legal Topics
Contributory Negligence, Apportionment of Liability, General and Special Damages, Future Nursing Care and Medical Expenses, Reasonableness of Private Medical Expenses
Source Language
Malay/English
Tort Personal Injury Civil Procedure Insurance/employer Liability Contributory Negligence Apportionment of Liability General and Special Damages Future Nursing Care and Medical Expenses +1 more

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Parties

ABDUL SAMAD BIN HAMAD

Appellant/defendant

BIFORST LOGISTICS SDN. BHD.

Appellant/defendant

LIM SOOK LIEW

Respondent/plaintiff

YU YEH SUANG

Respondent/plaintiff

YU AN KSYAZ

Respondent/plaintiff

Procedural Posture

Civil Appeal (personal Injury Tort) / High Court Judgment on Appeal From Sessions Court After Full Trial

Legal Issues

  1. 1 Whether contributory negligence by Plaintiffs should reduce defendants' liability and by what percentage
  2. 2 Whether second plaintiff (P2) suffered quadriplegia or paraplegia and appropriate general damages
  3. 3 Whether future nursing care quantum and duration were correctly assessed

Ratio Decidendi

The High Court found the Sessions Court was correct that the 1st Defendant swerved into the emergency lane and was negligent but erred by failing to assess plaintiffs' own conduct; applying contributory negligence principles the Plaintiffs were 20% to blame and Defendants 80%. P2's spinal injury was paraplegia (not quadriplegia) so general damages for spinal injury reduced to RM300,000. Future nursing care award maintained in kind (one domestic helper and one specially trained nurse) but duration adjusted to 34 remaining years of life expectancy reduced by one-third for contingencies (23 years), giving RM2,760,000. Special hospital bills of RM644,507.80 were accepted but reduced by...

Court Disposition

Appeals allowed in part; Sessions Court judgment varied on apportionment and specific quantum items but otherwise upheld

Orders

  • Liability apportioned: Plaintiffs 20% contributory negligence; Defendants 80% liable
  • General damages for P2 spinal injury reduced to RM300000.00