JOHOR BAHRU, Oct 30 — The family of a five-year-old boy, who died in April after having been left inside a school van for more than four hours, have filed a civil suit against multiple parties for alleged negligence, in addition to seeking RM2.089 million in damages.
The father of the deceased boy, Teo Jia Meng and mother Yu Yue Yang who were named as plaintiffs, filed the civil suit through law firm Ng Kian Nam & Partners.
They named five defendants, namely Tadika Perintis Indah, YK Educational Group Sdn Bhd, Double Tree Transport Sdn Bhd, the school van driver Tau Chee Weng, 57, and the Education Ministry.
Lawyer representing the parents, Ng Kian Nam, said the civil suit was filed due to the defendant’s lack of responsibility and negligence which caused the victim, Teo Yu Ze’s death inside the school van that was parked in front of the kindergarten.
He added that the civil suit was also filed to seek justice for the deceased.
“The negligence of the first, second and third defendants included failing to implement the most basic and systematic safety protocols to ensure as well as safeguard the safety of the victim entrusted to their care by the plaintiffs.
“The first and second defendants also failed to check and ensure that the victim sent by the school van driver had arrived safely at the kindergarten.
“The defendants involved also failed to immediately inform and disclose to the plaintiffs the victim’s health status after finding him abandoned and locked in the school van until he was unconscious,” Ng told reporters outside of the High Court’s premises here today.
Ng added that the fourth defendant, the van driver, failed to check the condition of the school van after dropping off all the other students except the victim at the kindergarten despite the vehicle being compact in size.
“The defendants also failed to report and coordinate with the kindergarten to find out the number of children travelling in the school van to the kindergarten,” he said.
Meanwhile, he said that the civil action against the fifth defendant, the Education Ministry, was for failing to take immediate and firm action against the first and second defendants after the unfortunate incident.
He explained that this includes investigations, suspension of operating licenses, criminal prosecution and others to protect the interests and safety of other children at the kindergarten.
Ng said the plaintiffs’ claim was made because of the loss of their only child, the victim who had gone through trauma and suffering after being left alone in the school van.
“Therefore, the plaintiffs are demanding special damages of RM59,301 and general damages of RM2,030,000, totaling RM2,089,000,” he said.
On May 1, it was reported that a school van driver claimed trial in the Batu Pahat Magistrates’ Court to a charge of negligence for allegedly leaving a five-year-old boy in his vehicle, resulting in the child’s death.
Yau was accused of committing the offence in front of a kindergarten on Jalan Indah 10/14 at Taman Bukit Indah, Iskandar Puteri, between 8am and 12.05pm on April 30.
The charge was framed under Section 31(1)(a) of the Child Act 2001, which carries a maximum penalty of RM50,000, up to 20 years’ jail, or both, upon conviction.
The child is believed to have been accidentally left behind in the van after the driver finished dropping off other children at a kindergarten at about 7.30am.
