12 Sept 2024
1. ) ABDUL SAMAD BIN HAMAD 2. ) BIFORST LOGISTICS SDN BHD 1. ) LIM SOOK LIEW 2. ) YU YEH SUANG 3. ) XXXX
- Citation
- BA-12B-103-11/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12B-103-11/2022 (Mahkamah Tinggi)
The High Court found the Sessions Court was correct that the 1st Defendant swerved into the emergency lane and was negligent but erred by failing to assess plaintiffs' own conduct; applying contributory negligence principles the Plaintiffs were 20% to blame and Defendants 80%. P2's spinal injury was paraplegia (not quadriplegia) so general damages for spinal injury reduced to RM300,000. Future nursing care award maintained in kind (one domestic helper and one specially trained nurse) but duration adjusted to 34 remaining years of life expectancy reduced by one-third for contingencies (23 year…