The owner of two German Shepherds has been ordered by the Sessions Court here to pay RM178,457.60 in special damages and RM70,000 in general damages after his neighbour suffered a spinal fracture following an incident involving the animals five years ago.
Sessions Court Judge Zawiyah Saad ruled on Friday that Datuk Seri Ong Thiam Boon was liable for the incident involving Datuk Mohd Kamal Abdullah on Feb 10, 2021.
The court allowed Mohd Kamal’s claim after considering witness testimony, documentary evidence and written submissions from both sides following a full trial.
Ong was also ordered to pay five per cent annual interest on the awarded sum from the date of judgment until full settlement. His counterclaim was dismissed with costs, while he was ordered to pay RM15,000 in global costs to Mohd Kamal.
In his suit, Mohd Kamal claimed he was attacked by his neighbour’s two dogs while jogging at Taman Anjung Tiara, Segambut.
He said he fell while attempting to protect himself from the animals, resulting in a spinal fracture that required surgery and subsequent medical treatment.
Mohd Kamal alleged that the incident occurred because Ong had failed to properly control the dogs and ensure that the gate of his residence remained securely closed.
However, Ong denied that the dogs had attacked or made contact with Mohd Kamal.
In his defence, Ong claimed that Mohd Kamal had lost his balance and fallen while moving backwards along a steep and uneven road after swinging a stick towards the two dogs.
He further argued that the injuries suffered by Mohd Kamal were caused or contributed to by the plaintiff’s own negligence.
Ong also filed a counterclaim, alleging that Mohd Kamal had threatened him, causing him fear, humiliation and mental distress.
The case was heard following a full trial, with Mohd Kamal represented by lawyer Shahril Madisa from Shahrul Hamidi & Haziq, while Ong was represented by Tan Shao Jia and Wong Win Xien from Manjit Singh Sachdev, Mohammad Radzi & Partners.
The court’s decision brings the civil dispute over the 2021 incident to a conclusion, with the dog owner now liable for the damages and costs awarded to his neighbour.
