JOHOR BARU: The family of a five-year-old boy who died in a school van here has filed a negligence lawsuit against five parties, including the Education Ministry, seeking RM2.089mil in damages.

The boy’s parents, Teo Jia Meng and Yu Yue Yang, named Tadika Perintis Indah, YK Educational Group Sdn Bhd, Double Tree Transport Sdn Bhd, van driver Yau Chee Weng, and the Education Ministry as defendants.

Their lawyer Ng Kian Nam said the suit was filed over the defendants’ alleged negligence, which led to the death of the couple’s only child, Teo Yu Ze, who was found dead in the school van parked in front of the kindergarten in Taman Bukit Indah on April 30 this year.

“The first three defendants failed to implement even the most basic and systematic safety protocols to ensure and safeguard the well-being of the child entrusted to their care by the plaintiffs.

“The first and second defendants also failed to check and confirm that the victim, who was transported by the van driver, had safely arrived at the kindergarten,” he told a press conference outside the Johor Baru High Court on Thursday (Oct 30).

He added that the defendants also failed to promptly inform and disclose to the plaintiffs the boy’s condition after discovering he had been left locked inside the van until he became unconscious.

“The fourth defendant (the van driver) failed to inspect the van after dropping off the other children, even though the vehicle was small.

“The defendant also failed to report and coordinate with the kindergarten to verify the number of children being transported that day,” he said.

Meanwhile, the Education Ministry, which is the fifth defendant, failed to take immediate and firm action against the first and second defendants following the incident, added Ng.

“This includes carrying out investigations, suspending operational licences, and pursuing criminal charges to protect the interests and safety of other pupils.

“The couple’s claim was based on the loss of their child, who endured severe trauma and suffering before his death.

“The plaintiffs are seeking RM59,301 in special damages and RM2.03mil in general damages, totalling RM2.089mil,” he said.

He added that the civil court action was filed to also send a strong message to all relevant stakeholders, including school operators, that student safety must be prioritised, especially at the kindergarten level.

“Our clients are very disappointed that despite so many fatal and criminal incidents occurring in schools recently, such as those involving Zara Qairina Mahathi and Yap Shing Xuen, the ministry still does not take the matter seriously, including in this case.

“By failing to investigate and hold those irresponsible school authorities liable for their various acts of negligence and non-compliance, the safety and lives of our children are directly threatened,” he said.

It was reported that the boy was found unconscious in a school van outside a kindergarten in Taman Bukit Indah on April 30.

On May 7, 56-year-old van driver Yau pleaded not guilty to a charge under Section 31(1)(a) of the Child Act 2001 for neglect or omission to care for a child in a manner likely to cause physical injury.

 

Link Source: Family of boy found dead in school van sues nursery, van driver, three others | The Star