STANLEY JOE A/L ALFRED Murallitharan S/o Ramaru

STANLEY JOE A/L ALFRED Murallitharan S/o Ramaru

Plaintiff failed to discharge the burden of proof to establish negligence and vicarious liability: the police investigator's statements about Whatsapp communications are inadmissible hearsay and not substantive evidence; the identification photographs were not tendered as exhibits nor authenticated; plaintiff's late police report and inconsistent testimony undermined credibility; consequently no liability was established and plaintiff's claim is dismissed with costs.

Citation
JA-A53KJ-96-02/2021 (Mahkamah Sesyen)
Parties
Plaintif: Stanley Joe a/l Alfred; Defendan Pertama: Segaran V Krishnan; Defendan Kedua: Murallitharan s/o Ramaru
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
13 October 2022
Case Number
JA-A53KJ-96-02/2021 (Mahkamah Sesyen)
Procedural Posture
Negligence Road Traffic Accident / Judgment (sessions Court)
Outcome
Plaintiff's claim dismissed with costs
Legal Topics
Road Traffic Accident, Vicarious Liability, Onus of Proof, Admissibility of Police Statements, Hearsay (whatsapp), Late Police Reporting, Damages Medical Expenses, Special Damages
Source Language
Malay/English
Tort Negligence Evidence Law Civil Procedure Road Traffic Accident Vicarious Liability Onus of Proof Admissibility of Police Statements +4 more

Case Brief

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Parties

Stanley Joe a/l Alfred

Plaintif

Segaran V Krishnan

Defendan Pertama

Murallitharan s/o Ramaru

Defendan Kedua

Procedural Posture

Negligence Road Traffic Accident / Judgment (sessions Court)

Legal Issues

  1. 1 Whether the defendants were negligent causing the collision
  2. 2 Admissibility and weight of police statements and Whatsapp communications
  3. 3 Whether vicarious liability attaches to defendant second for acts of defendant first

Ratio Decidendi

Plaintiff failed to discharge the burden of proof to establish negligence and vicarious liability: the police investigator's statements about Whatsapp communications are inadmissible hearsay and not substantive evidence; the identification photographs were not tendered as exhibits nor authenticated; plaintiff's late police report and inconsistent testimony undermined credibility; consequently no liability was established and plaintiff's claim is dismissed with costs.

Court Disposition

Plaintiff's claim dismissed with costs

Orders

  • Plaintiff's claim is dismissed with costs.
  • Costs of documents agreed in the sum of RM3725.00 awarded (as fixed costs).