Court strikes out suit by parents against SIC over son's death (Updated)

SHAH ALAM: The High Court here today struck out a suit filed by a married couple against Sepang International Circuit Sdn Bhd (SIC) for negligence which resulted in the death of their son, Muhammad Izzat Mohd Abdul Hakim, who was a Malaysian Super Series racer, five years ago.
Judicial Commissioner Datuk Seri Tun Abd Majid Tun Hamzah dismissed the suit filed by Mohd Abdul Hakim Embong and Norhaidah Mohd Noor and ordered the couple to pay costs of RM14,000 to SIC and AAM Motorsports Sdn Bhd, which was named the second defendant in the suit.
In the judgment, Tun Abd Majid said the accident which killed Muhammad Izzat was not due to negligence by any parties, but due to error of judgment.
"It cannot be denied that the motoring sport is exposed to accidents and risks, so all parties involved in the race are aware of that and prepared for any possibilities.
"Although the court sympathises with the death of the plaintiffs' son, based on the testimony of the witnesses, the court finds that the accident is not due to the negligence of the defendants," he said.
Lawyer Jefri Jaafar represented the couple, who were at the court today, while SIC was represented by lawyer Muhamamd Syafiq Salleh and AAM Motorsports by lawyer Mallika Lee.
Jefri, when met by reporters, after the proceeding said his clients would file an appeal against the decision at the Court of Appeal.
In the statement of claims, the couple stated that their 17-year-old son had participated in the Kawasaki Ninja 250R Cup race at the Sepang International Circuit on Sept 21, 2013.
However, during the race, Muhammad Izzat's machine skidded and hit a flag marshal S. Satish, 44, at the finish line.
Satish died on the spot due to the impact, while Muhammad Izzat fell into a coma and breathed his last five days later.
The couple claimed that SIC had failed or was negligent in providing an efficient and experienced medical officer at the track to provide treatment and medical care during an emergency, as well as to ensure there was no obstruction on individuals at the finish line, and in adhering to the motorsport regulations, especially involving the location of the flag marshal, during the race.
They had sought general, special, aggravated and exemplary damages, cost and other relief deemed fit by the court. — Bernama