Atan Mustaffa Yussof Ahmad J:

[1] It was a balmy Saturday evening in August at Port Klang. The bustling jetty was alive with activity as the clock neared 6:15 pm. Boats bobbed gently at their moorings, while passengers hurried to and fro. Among them was a woman waiting to board a boat for her journey. Little did she know that in mere moments, her life would be changed forever by a terrible collision on the water.

[2] Two speed boats, one piloted by one defendant and the other by another, were on a collision course. Perhaps it was haste, perhaps carelessness. Whatever the reason, in the blink of an eye, they crashed together with sickening force. The unfortunate passenger bore the brunt of the impact, suffering grievous head injuries that would rob her of her health, her career, and her independence.

[3] Now she comes before this court, through her devoted husband, seeking justice and recompense for all she has lost. It falls to this court to unravel the events of that fateful evening, to determine who must bear responsibility for this tragic accident. At its heart, this is a case about a woman whose life was shattered in an instant, and who deserves to be made whole again.

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