OOI CHAI CHEN LOO JEN TEIK

OOI CHAI CHEN LOO JEN TEIK

On appeal the court concluded the only plausible reconstruction of events, the pattern of injuries and damage to the defendant's vehicle and corroborative witness evidence established the defendant collided with and injured the plaintiff; accordingly the defendant was 100% liable; the plaintiff was not contributorily negligent as she was assisting an injured motorcyclist; the Sessions Court's quantum was upheld except two omitted items were added (RM15,000 intraabdominal injury with mesenteric haematoma; RM25,000 partial loss of sense of smell).

Citation
PA-12B-17-09/2020 (Mahkamah Tinggi)
Parties
Appellant: Ooi Chai Chen; Respondent: Loo Jen Teik
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 January 1900
Case Number
PA-12B-17-09/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (motor Vehicle Accident) / Appellate Judgment on Liability and Quantum
Outcome
Appeal on liability allowed; defendant found 100% liable. Defendant's appeal on quantum dismissed; plaintiff's cross-appeal allowed in part to reinstate two omitted items.
Legal Topics
Liability, Quantum of Damages, Contributory Negligence, Credibility of Witnesses, Appeal Standard of Review
Source Language
Malay/English
Tort Negligence Motor Vehicle Accident Civil Procedure Liability Quantum of Damages Contributory Negligence Credibility of Witnesses +1 more

Case Brief

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Parties

Ooi Chai Chen

Appellant

Loo Jen Teik

Respondent

Procedural Posture

Civil Appeal (motor Vehicle Accident) / Appellate Judgment on Liability and Quantum

Legal Issues

  1. 1 Whether the defendant collided with and caused injury to the plaintiff (liability)
  2. 2 Whether the plaintiff was contributorily negligent for parking and alighting on the emergency lane
  3. 3 Appropriate quantum of damages and whether omissions should be reinstated

Ratio Decidendi

On appeal the court concluded the only plausible reconstruction of events, the pattern of injuries and damage to the defendant's vehicle and corroborative witness evidence established the defendant collided with and injured the plaintiff; accordingly the defendant was 100% liable; the plaintiff was not contributorily negligent as she was assisting an injured motorcyclist; the Sessions Court's quantum was upheld except two omitted items were added (RM15,000 intraabdominal injury with mesenteric haematoma; RM25,000 partial loss of sense of smell).

Court Disposition

Appeal on liability allowed; defendant found 100% liable. Defendant's appeal on quantum dismissed; plaintiff's cross-appeal allowed in part to reinstate two omitted items.

Orders

  • Defendant held 100% liable for causing the accident
  • Sessions Court award of damages otherwise upheld