MOHD NAPI BIN SARPIN 1. ) PROJEK LEBUHRAYA USAHASAMA BERHAD 2. ) ZAIDI BIN JINAL 3. ) NOR FARINA BINTI ABDULLAH

MOHD NAPI BIN SARPIN 1. ) PROJEK LEBUHRAYA USAHASAMA BERHAD 2. ) ZAIDI BIN JINAL 3. ) NOR FARINA BINTI ABDULLAH

On the balance of probabilities the plaintiff proved the motorcycle struck a piece of wood located on the plaintiff's lane which constituted a hazardous obstruction under the control of defendant1; defendant1 failed in its duty to ensure the highway was safe despite patrols and is 40% liable; plaintiff contributed 60% by riding without sufficient care; defendants 2 and 3 are not liable; damages quantified accordingly using Compendium guidance and accepted medical evidence.

Citation
JA-A53KJ-506-08/2021 (Mahkamah Sesyen)
Parties
Plaintif: Mohd Napi bin Sarpin; Defendan Pertama: Projek Lebuhraya Usahasama Berhad; Defendan Kedua: Zaidi bin Jinal; Defendan Ketiga: Nor Farina binti Abdullah
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
15 February 2023
Case Number
JA-A53KJ-506-08/2021 (Mahkamah Sesyen)
Procedural Posture
Personal Injury Claim Arising From Road Traffic Accident (negligence) / Judgment on Liability and Quantum (reasons for Judgment Delivered)
Outcome
Plaintiff's claim against defendant1 allowed with costs; plaintiff's claims against defendant2 and defendant3 dismissed with costs; contributory negligence apportioned plaintiff 60% and defendant1 40%.
Legal Topics
Negligence, Contributory Negligence, Duty of Care, Quantum of Damages, Special Damages Assessment
Source Language
Malay/English
Tort Personal Injury Motor Vehicle Law Highway Operator Liability Negligence Contributory Negligence Duty of Care Quantum of Damages +1 more

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Parties

Mohd Napi bin Sarpin

Plaintif

Projek Lebuhraya Usahasama Berhad

Defendan Pertama

Zaidi bin Jinal

Defendan Kedua

Nor Farina binti Abdullah

Defendan Ketiga

Procedural Posture

Personal Injury Claim Arising From Road Traffic Accident (negligence) / Judgment on Liability and Quantum (reasons for Judgment Delivered)

Legal Issues

  1. 1 Whether defendant first (highway concessionaire) breached duty of care by permitting a hazardous object (wood) on the highway
  2. 2 Whether defendants second and third were liable for the collision
  3. 3 Whether plaintiff contributed to the accident by riding at excessive speed or failing to keep proper lookout (contributory negligence) and the apportionment of fault

Ratio Decidendi

On the balance of probabilities the plaintiff proved the motorcycle struck a piece of wood located on the plaintiff's lane which constituted a hazardous obstruction under the control of defendant1; defendant1 failed in its duty to ensure the highway was safe despite patrols and is 40% liable; plaintiff contributed 60% by riding without sufficient care; defendants 2 and 3 are not liable; damages quantified accordingly using Compendium guidance and accepted medical evidence.

Court Disposition

Plaintiff's claim against defendant1 allowed with costs; plaintiff's claims against defendant2 and defendant3 dismissed with costs; contributory negligence apportioned plaintiff 60% and defendant1 40%.

Orders

  • Judgment entered for plaintiff against defendant1; defendants 2 and 3 dismissed with costs
  • Total damages (100%) assessed at RM115,708.00 (general damages RM80,000.00; special damages RM35,708.00)