LI WENJING SIVASUBRAMANIAM A/L M.NADARAJAN

LI WENJING SIVASUBRAMANIAM A/L M.NADARAJAN

Plaintiff's claim dismissed because she failed to prove, on the balance of probabilities, that the defendant's employee's conduct caused the explosion and resulting injuries; absence of authoritative investigation, lack of physical evidence and the 42‑minute interval between installation and explosion defeated...

Source-derived case information.

Citation
PA-A72NCvC-76-03/2020 (Mahkamah Majistret)
Parties
Plaintiff: LI WENJING [PASSPORT NO.: E71180515]; Defendant: SIVASUBRAMANIAM A/L M.NADARAJAN [NO. K/P: 621026715031] trading as SETIA JAYA MINI MARKET (PG002273440D)
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
31 May 2022
Case Number
PA-A72NCvC-76-03/2020 (Mahkamah Majistret)
Procedural Posture
Civil Negligence/personal Injury (tort) / Judgment on Appeal (plaintiff Appealed Against Dismissal)
Outcome
Plaintiff's claim dismissed for failure to prove causation and negligence; costs awarded to defendant; court nonetheless assessed and awarded damages to plaintiff in respect of physical injuries.
Legal Topics
Causation, Duty of Care, Burden of Proof, Assessment of Damages, Admissibility of Medical Evidence
Tort Negligence Personal Injury Evidence Damages Causation Duty of Care Burden of Proof +2 more

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Parties

LI WENJING [PASSPORT NO.: E71180515]

Plaintiff

SIVASUBRAMANIAM A/L M.NADARAJAN [NO. K/P: 621026715031] trading as SETIA JAYA MINI MARKET (PG002273440D)

Defendant

Procedural Posture

Civil Negligence/personal Injury (tort) / Judgment on Appeal (plaintiff Appealed Against Dismissal)

  1. 1 Was the fire caused by the gas cylinder/explosion?
  2. 2 Could the defendant (through its employee) be causally linked to the explosion and plaintiff's injuries?
  3. 3 Whether the plaintiff discharged the burden of proof on causation and negligence?

Ratio Decidendi

Plaintiff's claim dismissed because she failed to prove, on the balance of probabilities, that the defendant's employee's conduct caused the explosion and resulting injuries; absence of authoritative investigation, lack of physical evidence and the 42‑minute interval between installation and explosion defeated causal link.

Court Disposition

Plaintiff's claim dismissed for failure to prove causation and negligence; costs awarded to defendant; court nonetheless assessed and awarded damages to plaintiff in respect of physical injuries.

Orders

  • Plaintiff's claim dismissed for liability
  • Costs to be paid by plaintiff to defendant (costs awarded to defendant)