ZAKARIA BIN HUSIN LEE SEOW PENG ANG YEE FANG

ZAKARIA BIN HUSIN LEE SEOW PENG ANG YEE FANG

Court held first defendant negligent for turning into plaintiff's path without ensuring it was safe; plaintiff was contributorily negligent for exceeding the 30 km/h limit and failing to reduce speed; liability apportioned 90% to defendant and 10% to plaintiff; specified general and special damages allowed; speculative elements of proposed future surgery disallowed.

Citation
KA-A53KJ-222-07/2019 (Mahkamah Sesyen)
Parties
Plaintiff: Zakaria bin Husin; First Defendant: Lee Seow Peng; Second Defendant: Ang Yee Fang
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
23 February 2020
Case Number
KA-A53KJ-222-07/2019 (Mahkamah Sesyen)
Procedural Posture
Personal Injury (motor Vehicle Negligence) / Judgment (trial)
Outcome
Judgment for plaintiff in part. First defendant held 90% liable, plaintiff 10% contributorily negligent. Specific general and special damages awarded in the sums stated. Interest and costs awarded. Entire judgment sum to be deposited in plaintiff's solicitors' client account with undertaking.
Legal Topics
Liability, Contributory Negligence, Quantum of Damages, Future Medical Expenses, Interest, Costs
Source Language
Malay/English
Tort Negligence Personal Injury Motor Vehicle Accidents Damages Liability Contributory Negligence Quantum of Damages +3 more

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Parties

Zakaria bin Husin

Plaintiff

Lee Seow Peng

First Defendant

Ang Yee Fang

Second Defendant

Procedural Posture

Personal Injury (motor Vehicle Negligence) / Judgment (trial)

Legal Issues

  1. 1 Whether first defendant was negligent in turning into plaintiff's path
  2. 2 Whether plaintiff was contributorily negligent and to what extent
  3. 3 Appropriate quantum for general damages for specified injuries

Ratio Decidendi

Court held first defendant negligent for turning into plaintiff's path without ensuring it was safe; plaintiff was contributorily negligent for exceeding the 30 km/h limit and failing to reduce speed; liability apportioned 90% to defendant and 10% to plaintiff; specified general and special damages allowed; speculative elements of proposed future surgery disallowed.

Court Disposition

Judgment for plaintiff in part. First defendant held 90% liable, plaintiff 10% contributorily negligent. Specific general and special damages awarded in the sums stated. Interest and costs awarded. Entire judgment sum to be deposited in plaintiff's solicitors' client account with undertaking.

Orders

  • General damages for 100% liability awarded RM175000.00
  • Special damages allowed RM64,886.00 (including RM1,286.00 expert report, RM3,600.00 physiotherapy, RM60,000.00 future surgery)