23 Dec 2019
SARANGAPANI A/L DESINGARAJAN PROJEK LEBUHRAYA USAHASAMA BERHAD (954700-A)
- Citation
- AA-A73KJ-148-02/2019 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- AA-A73KJ-148-02/2019 (Mahkamah Majistret)
Plaintiff failed to prove on the balance of probabilities that a detached lorry tyre was present at the scene and that the defendant breached its duty by failing to remove it; credible and consistent evidence from police investigator and PLUS patrol officers that no tyre or debris was found, together with defendant's routine patrols and notification system, meant the danger was not shown to be reasonably foreseeable or within defendant's control; res ipsa loquitur was inapplicable; therefore the claim fails and is dismissed with costs.