Question
Speedy Groceries' delivery man, Ahmad, had an argument with a customer, Mrs Tan, who refused to accept delivery as her groceries were delivered late by
Speedy Groceries' delivery man, Ahmad, had an argument with a customer, Mrs Tan, who refused to accept delivery as her groceries were delivered late by 15minutes. Annoyed with Mrs. Tan and not wanting to be delayed for his next delivery, Ahmad speeds off on his delivery van. Least he expected an old man to suddenly appear on the road. Ahmad honked loudly to get the old man to move away from the road, but the old man continued walking to the middle of the road. Ahmad slammed hard on the brake pad, but the brake failed preventing Ahmad to bring the van to a complete stop. Ahmad's van hit the old man causing him to be flung off the road hitting a motorist approaching the scene from the opposite direction. Both the old man, and the motorist, Alex, fell onto the road. The old man's head hit hard on the surface of the road and started bleeding profusely.
A bystander, Chong who witnessed the accident came to assist. He tried to carry but the old man was too heavy for him, so he dragged the old man by his hands and managed to bring him onto the grass at the roadside. The old man was subsequently taken to hospital in an ambulance but pronounced dead due to loss of blood from severe head injuries. Chong suffers from severe depression witnessing blood flowing profusely from the old man's head.
The motorbike fell on Alex and knocked him unconscious. When Alex regained consciousness at the hospital, the doctor told him that his left arm and leg are broken. Due to blood clot on his leg, Alex must undergo a surgery and it will take about three (3) months for him to heal and resume normal life. Alex being the sole breadwinner for his family was devastated as he would not be able to earn a living as a fishmonger at the night market.
At the same time, a car appearing from the opposite direction swerved to avoid hitting the old man and the motorist lying on the road, but lost control, slammed against, and knocked down an electric power pole. The driver, Ayu, a young pregnant lady was trapped in the car until firefighters came to rescue her some 20 minutes later. Although, she escaped with minor bruises, it was horrifying being trapped in the car for 20 minutes. Lack of oxygen hampered her breathing and the smoke rising from the engine of her crashed car caused severe anxiety.She had a miscarriage. She suffers from post-traumatic stress disorder and was referred for psychiatric treatment for one year. Her Perodua car was badly damaged and requires RM10,500 to be repaired.
It was later learned that Starlight Nursing Home care takers forgot to close the main gate to their property causing the 75 years old man, Nathan, a mentally challenged person, placed in their care to wander by himself to the road.
Advise all the parties as to their claims and liabilities under Malaysian tort of negligence.
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