Brian Lim was left with "catastrophic injuries" when wife Eunkyung Cho told him to "stop being silly" rather than slow the car down.
The couple had been out for dinner with their two young children in the Sydney suburb of Belmore on December 15, 2012 when they began to argue.
Brian then told his wife he wanted a divorce, and opened the passenger door as Eunkuyng drove home at 30mph.
She continued driving, but leaned across to grab her husband, telling him to “stop being silly”
But Brian jumped from the car, and suffered “catastrophic injuries” in the fall, according to legal documents.
After hearing evidence from several traffic accident experts, Judge David Wilson dismissed Mr Lim’s case, saying that if she had braked, she could possibly have injured her children or other road users in the process.
He also found she had “acted reasonably when confronted with a sudden emergency” and therefore had not breached her duty of care to her husband.
Judge Wilson also ruled that Mr Lim was guilty of contributory negligence and that any damages owed to him would be reduced by 100 per cent.
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