JUDGMENT

Gunalan Muniandy JCA:

Introduction

[1] These three (3) appeals arise from a medical negligence suit brought by the infant plaintiff/Appellant ("the plaintiff") through his litigation representative (the mother) against the defendants/Respondents ("the defendants"). The plaintiff's appeal against the decision of the Learned High Court Judge ("LJ") made after a full trial is both on liability and quantum. On liability, the appeal is against liability being partly apportioned to the plaintiff's parents to the extent of 30 percent.

[2] Briefly, the LJ's decision was to allow the plaintiff's claim on these terms.

(i) The plaintiff's claim against the 1st and 2nd defendant (D1) and (D2) was allowed with costs of RM75,000.00;

(ii) The plaintiff's claim against the 3rd to 12th defendants (D3-D12) was allowed with costs of RM150,000.00;

(iii) The plaintiff's claim against the 8th defendant (D8) was dismissed with no order as to costs;

(iv) Apportionment of liability as follows:

(a) D1 and D2 - 15%

(b) D3 to D12 (except D8) - 55%

(c) the plaintiff's parents - 30%

(v) Special Damages in the sum of RM222,115.77;

(vi) General Damages (for loss of suffering and loss of comfort of life) in the sum o