MOHD RIDZUAN BIN ABD RAHMAN PROJEK LEBUHRAYA USAHASAMA BERHAD (954700-A)

MOHD RIDZUAN BIN ABD RAHMAN PROJEK LEBUHRAYA USAHASAMA BERHAD (954700-A)

The appeal was dismissed because the appellant failed to prove on the balance of probabilities that a pothole existed at the material time and that it caused the accident; the Sessions Judge's acceptance of the Defendant's contemporaneous patrol evidence and the identified weaknesses, delay and uncertainty in the investigating officer's evidence and the appellant's testimony justified affirming the trial finding of sole fault by the appellant. The quantum claim for special orthopaedic shoes was also dismissed as the recorded limb shortening of 0.86 cm was insufficient to justify the claim.

Citation
BA-12B-88-10/2020 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Mohd Ridzuan bin Abd Rahman; Respondent/defendant: Projek Lebuhraya Usahasama Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 March 2021
Case Number
BA-12B-88-10/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Negligence (personal Injury) Appeal / Appeal From Sessions Court Judgment (trial Judgment Affirmed/dismissed)
Outcome
Appeal dismissed; decision of Sessions Court affirmed
Legal Topics
Existence of Defect, Causation, Standard of Proof (balance of Probabilities), Credibility and Appellate Deference, Quantum for Pecuniary/non Pecuniary Losses
Source Language
Malay/English
Tort Negligence Civil Procedure Evidence Personal Injury Highway Liability Existence of Defect Causation +3 more

Case Brief

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Parties

Mohd Ridzuan bin Abd Rahman

Appellant/plaintiff

Projek Lebuhraya Usahasama Berhad

Respondent/defendant

Procedural Posture

Civil Negligence (personal Injury) Appeal / Appeal From Sessions Court Judgment (trial Judgment Affirmed/dismissed)

Legal Issues

  1. 1 Whether a pothole existed at the material time and place
  2. 2 Whether the alleged pothole caused the accident (causation)
  3. 3 Whether the Defendant breached duty to maintain safe highway

Ratio Decidendi

The appeal was dismissed because the appellant failed to prove on the balance of probabilities that a pothole existed at the material time and that it caused the accident; the Sessions Judge's acceptance of the Defendant's contemporaneous patrol evidence and the identified weaknesses, delay and uncertainty in the investigating officer's evidence and the appellant's testimony justified affirming the trial finding of sole fault by the appellant. The quantum claim for special orthopaedic shoes was also dismissed as the recorded limb shortening of 0.86 cm was insufficient to justify the claim.

Court Disposition

Appeal dismissed; decision of Sessions Court affirmed

Orders

  • Appeal dismissed
  • Decision of the Sessions Court (trial judgment) affirmed