PETALING JAYA: A woman who brought a lawsuit after suffering serious injuries when two LRT trains collided near the Kampung Baru station in Kuala Lumpur three years ago will have to wait until January 2028 for the case to go to trial.
At case management in the Kuala Lumpur High Court last week, Justice Shahrir Salleh fixed trial dates running from Jan 10 to 13, 2028.
The suit, filed by Florence Lee in December last year, named the LRT system’s owner, Prasarana Malaysia Bhd, and operator, Rapid Rail Sdn Bhd, as defendants.
She said the crash was due to the defendants’ negligence and breaches of statutory duty.
Lee, 57, is seeking to recover RM113,524.08 in special damages, including RM84,372.58 in medical, physiotherapy and rehabilitation expenses, as well as general, aggravated and exemplary damages as assessed by the court.
She said the collision, which took place along the Kelana Jaya line on May 24, 2021, had caused her “physical and mental injuries” including “nervous shock, mental depression, pain and suffering, and loss of amenities”, from which she has been “unable to fully recover”.
She also said she was further affected by then Prasarana chairman Tajuddin Abdul Rahman making light of the incident.
“Tajuddin trivialised the collision by alleging inter alia that the two (trains involved in the collision) kissed each other.
“Arising therefrom, the plaintiff (Lee) suffered pain, mental anguish and suffering, emotional distress, fright, feelings of distress, anxiety, depression, grief and/or psychosomatic physical symptoms,” her statement of claim read.
She also claimed she is no longer able “to carry out her daily and/or usual routines, activities and responsibilities to the full (extent) of her capabilities”.
Lee said she was “thrown to the ground” by the impact of the crash, leaving her with a broken left femur, a punctured thigh wound, and cuts to her left eyelid.
She said she was subjected to a prolonged recovery process which required multiple surgeries and resulted in a 2cm shortening of her left leg, affecting her gait.
She wants the court to hold both Prasarana and Rapid Rail liable for breach of their duty of care towards her. She says the defendants failed to ensure her safety, security and wellbeing when utilising the LRT services.
She also said they were in breach of various statutory obligations contained in the Railways Act 1991 and the Land Public Transport Act 2010, and had failed to adhere to specific standards set to protect public transport users, including obligations to ensure her safe carriage and properly maintain the LRT system.
In a four-page defence statement filed by law firm Azim, Tunku Farik and Wong dated Feb 19, Rapid Rail and Prasarana admitted to the collision and confirmed that Lee had been rescued and sent to Kuala Lumpur Hospital’s emergency ward for treatment on the day of the incident.
They, however, denied all allegations of negligence, liability, loss and damage suffered, and put Lee to strict proof of her contentions.
The defendants also said the legal doctrine of res ipsa loquitur relied on by Lee – which suggests that the mere occurrence of certain types of accidents can imply negligence — was not applicable in the circumstances of the case.
Both defendants also said they had taken all reasonable steps to provide Lee and other affected passengers with the necessary assistance, including by calling for ambulances and ensuring that they were properly evacuated from the train and sent to hospital for treatment.
Lee’s lawyer, Joy Appukuttan, told FMT the judge has fixed the case for further case management on Sept 3. - FMT
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