Mokhtar Sidin JCA:

This is a claim by the plaintiff against both defendants for medical negligence. This was as a result of the treatment given by Dr. Soo Fook Mun (hereinafter referred to as the "2nd defendant") at the Assunta Hospital (hereinafter referred to as "the hospital"). The plaintiff went into the hospital after the car she was in was involved in an accident somewhere near the hospital. The undisputed facts in respect of this case is that at the time of the accident the plaintiff was 24 years. She was a young woman gainfully employed as a clerk-cumtypist. On the late evening of 11 July 1982 she, her boyfriend and two others went for supper in a car driven by her boyfriend. It was after 10pm. The plaintiff was seated in the front passenger seat. The car then collided into a tree. After the collision the plaintiff immediately alighted from the car and assisted the driver and his sister out of the car. She then shouted for help and some people from a nearby mosque came to her aid. All three were then sent to the hospital in another car. At the entrance to the hospital, the plaintiff on her own alighted from the car and walked unassisted into the emergency room. She