Jason Lim Tzy Sheng Roald Karl - Heinz Mafessanti

Jason Lim Tzy Sheng Roald Karl - Heinz Mafessanti

The High Court upheld the Sessions Court's factual findings that the 1st Defendant's vehicle grazed the Plaintiff's motorcycle and that, on the balance of probabilities and given the eyewitness and investigative evidence, the Plaintiff was riding at speed on the outer lane contributing to the accident; absent a plainly wrong conclusion or misappreciation of evidence, appellate interference was unwarranted. On quantum, the court applied principles against overlapping awards and the reasonableness test for future private medical costs, reducing the spinal fracture award from RM157,000 to RM70,000 and setting aside RM4,000 awarded for post traumatic sympathetic dystrophy.

Citation
BA-12B-199-12/2018 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Jason Lim Tzy Sheng; Respondent/1st Defendant: Roald Karl-Henz Mafessanti; Respondent/2nd Defendant: Serhan Daniella Hanna
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 September 2020
Case Number
BA-12B-199-12/2018 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal — Motor Accident Running Down Claim / Appeal to High Court From Sessions Court Judgment (hearing on Liability and Quantum)
Outcome
Appeal dismissed in substance as to liability and most quantum items; Sessions Court finding of joint liability (50:50) upheld; certain quantum items reduced or set aside.
Legal Topics
Negligence, Contributory Negligence, Quantum of Damages, Standard of Appellate Review, Future Medical Expenses
Source Language
Malay/English
Tort Personal Injury Road Traffic Law Civil Procedure on Appeal Negligence Contributory Negligence Quantum of Damages Standard of Appellate Review +1 more

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Parties

Jason Lim Tzy Sheng

Appellant/plaintiff

Roald Karl-Henz Mafessanti

Respondent/1st Defendant

Serhan Daniella Hanna

Respondent/2nd Defendant

Procedural Posture

Civil Appeal — Motor Accident Running Down Claim / Appeal to High Court From Sessions Court Judgment (hearing on Liability and Quantum)

Legal Issues

  1. 1 Whether the 1st Defendant was solely liable or whether the Plaintiff was contributorily negligent
  2. 2 Whether the Sessions Court's apportionment of liability at 50:50 was plainly wrong and should be interfered with on appeal
  3. 3 Whether the quantum awarded by the Sessions Court for various injuries and future treatment was excessive or inadequate and subject to adjustment

Ratio Decidendi

The High Court upheld the Sessions Court's factual findings that the 1st Defendant's vehicle grazed the Plaintiff's motorcycle and that, on the balance of probabilities and given the eyewitness and investigative evidence, the Plaintiff was riding at speed on the outer lane contributing to the accident; absent a plainly wrong conclusion or misappreciation of evidence, appellate interference was unwarranted. On quantum, the court applied principles against overlapping awards and the reasonableness test for future private medical costs, reducing the spinal fracture award from RM157,000 to RM70,000 and setting aside RM4,000 awarded for post traumatic sympathetic dystrophy.

Court Disposition

Appeal dismissed in substance as to liability and most quantum items; Sessions Court finding of joint liability (50:50) upheld; certain quantum items reduced or set aside.

Orders

  • Maintain apportionment of liability at 50:50 between Plaintiff and 1st Defendant
  • Reduce award for fractures of C7/T2/T3/T4/T5 from RM157000 to RM70000