H.K.D.W. De Alwis vs Ponsuge Jayantha Chandrakumara Thissera Sandanayake – SC/APPEAL/76/2017-2025

The court held that the evidence presented by the plaintiff, even in an ex parte proceeding and relying on the doctrine of res ipsa loquitur, was adequate to establish the 1st defendant’s negligence and the 2nd defendant’s vicarious liability. The principle reaffirmed was that, in similar civil actions, a plaintiff is not required to prove the case beyond all doubt, but rather discharges the burden through a prima facie demonstration. Reliance was placed on established doctrines and statutory frameworks governing negligence and vicarious liability, noting that the ex parte nature of the proceedings did not preclude the court from finding for the plaintiff when the evidence sufficed. The Supreme Court confirmed the previous awards of damages and clarified the evidentiary standard in such ca