SOONG KOK JONG vs AHMAD TARMIZI ADNAN

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 MarsdenLR 747

HIGH COURT MALAYA SHAH ALAM
SOONG KOK JONG – Appellant
Versus
AHMAD TARMIZI ADNAN – Respondent

Table of Content
1. defendant appealed against sj's finding of 100% liability. (Para 1 , 2 , 5)
2. arguments indicate plaintiff's negligence in road crossing. (Para 8 , 9 , 10 , 26)
3. evidence established contributory negligence by the plaintiff. (Para 11 , 16 , 40)
4. legal principles regarding apportioning liability in negligence. (Para 33 , 34 , 39)
5. final verdict and conclusion on liability apportionment. (Para 46)

Suraya Othman J:

[1] This is an appeal by the defendant against the decision of the learned Session Court Judge ("SJ"). In her decision, the learned SJ gave judgment for the plaintiff and found the defendant 100% liable. The defendant, unhappy, appealed against the decision of the SJ on the issue of liability only. I heard the appeal and allowed liability to be apportioned 50:50. The defendant, still dissatisfied appealed against my decision.

Brief Facts

[2] On 13 February 2011 at about 12.00 midnight, the plaintiff was crossing a road while pushing his bicycle. It was at Jalan Batu 18 Rawang ie KL-Ipoh (Rawang) route. The plaintiff crossed from right to left, ie from A2 to A1.

[3] According to the plaintiff (SP1) the collision occurred when he had nearly arrived at the oth

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2015 MarsdenLR 747

HIGH COURT MALAYA SHAH ALAMSOONG KOK JONG – AppellantVersusAHMAD TARMIZI ADNAN – Respondent

Cases Referred (1)

HIGH COURT MALAYA SHAH ALAM
SOONG KOK JONG – Appellant
Versus
AHMAD TARMIZI ADNAN – Respondent