27 Sept 2024
Arif Saiful Bin Ahmad Nazeri 1. ) YUSRIHASNIZAM BIN YUSUF 2. ) NURUL CONFINEMENT ENTERPRISE PIHAK KETIGA 1. ) PROJEK LINTASAN SUNGAI BESI-ULU KLANG SDN BHD (SUKE) 2. ) PROJEK LINTASAN KOTA HOLDINGS SDN BHD (PROLINTAS)
- Citation
- WA-A53KJ-154-04/2022 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- WA-A53KJ-154-04/2022 (Mahkamah Sesyen)
On the evidence the highway operators breached their statutory and common law duty by allowing a large stone to remain on the carriageway; they failed to rebut that breach because they called no witnesses. The first defendant was not found primarily negligent in the circumstances. The plaintiff did not contribute to the accident. Third parties are 100% liable for damages and costs.