KUALA LUMPUR, 30 Jan 2009: Amy of rock band Search has been successful in his bid to strike out a negligence suit filed against him by a three-year-old boy.
Sessions Court judge Sabariah Othman today allowed his application to set aside the civil suit with costs after hearing submissions from counsel Ahmad Zaharil Muhaiyar, who represented Amy and counsel Adnan Seman for the plaintiff.
The boy, Nik Muhammad Zakwan Nik Zahir, had filed the suit on 24 Sept last year through his father Nik Zahir Nik Mohd Idris.
Nik Zahir claimed that his son had been scalded by hot tomyam soup because of the negligence of a worker at Amy’s Cheng Ho Chinese Islamic Seafood restaurant in Wangsa Maju here on 17 June last year.
Amy, whose real name is Suhaimi Abdul Rahman, 50, had contended that the suit had been filed against him in his personal capacity and not as a director of the company that owned the restaurant.
Ahmad Zaharil had told the court that the restaurant was owned by IconHill Sdn Bhd.
Adnan had countered that newspaper reports had attributed Amy as its owner and produced examples in support.
Outside the court, Amy, who had arrived at the court with his wife Nor Hasniza Hassan, 27, said he was pleased with the outcome of the case.
Adnan said the boy’s family would appeal the decision. — Bernama