[Civil appeal. Fatal accidents claim. The deceased cyclist riding erratically in same direction as the car driven by the defendant. Driver sounded horn to warn cyclist of his approach. Cyclist pulled in towards his nearside. When the driver was passing him he suddenly and without signal or warning rode to his right into the path of the car. The judge’s decision that the accident was entirely the fault of the cyclist upheld on appeal. The decision of the judge purely a question of fact]

Carmelina J. Vasquez (as administrator of Dennis Veluz Landicha) v Mohd Alit Abd Rahman Bin Hj Mohd Jaafar & Anor

COACV/15/2007

Decision date: 22 Nov 2008