MBPP, 5 others sued for nearly RM2mil over Chinese tourists' deaths
Lawyer Ng Kian Nam at a press conference announcing the lawsuit on behalf of the family of two Chinese tourists killed by a fallen tree in Penang last September.
GEORGE TOWN : The family of two Chinese nationals killed by a fallen tree at the car park of Pinang Peranakan Mansion last year has filed a lawsuit against six parties, including the Penang Island City Council (MBPP), over alleged negligence leading to the deaths.
In their writ filed at the High Court here today, Yang Xueli and Wang Gengfeng, the spouses of Liu Zhu, 69, and Liu Xinxin, 36, sought more than RM1.75 million in general, special, and exemplary damages.
The suit names museum operator Pinang Peranakan Mansion Sdn Bhd, landowner SSM Capital Sdn Bhd, neighbouring property owner Sri Kumaran's Textile Sdn Bhd, tour company Pony Holiday Sdn Bhd, van driver Har Kwai Leng, and MBPP as the defendants.
The family claims that the defendants failed to take reasonable steps to prevent the tragedy on Sept 18, 2024.
The statement of claim outlines several alleged failures by MBPP, including a failure to conduct regular inspections and only issuing a notice to remove the tree two days after the incident.
The family also accuses the council of failing to offer condolences or support. It claims that the tour company allowed the victims to be driven by someone without a valid PSV licence and ignored weather warnings.
The family is seeking RM1.13 million in damages for the late Xinxin, to cover the loss of support for her dependents, emotional grief, and funeral expenses.
For Zhu, it is claiming RM464,829, which includes the loss of expected retirement income, grief, and exemplary damages.
It is also claiming RM3,509 in travel costs and RM160,211 in legal fees.
It is likewise requesting a written apology, interest of up to 5% annually on general damages from the date the suit was filed, and any other relief deemed fit by the court.
Lawyer Ng Kian Nam told a press conference that only MBPP and Sri Kumaran's Textiles responded to the letters of demand in January. However, he described their replies as 'unreasonable and baseless'.
Ng said MBPP had written to say that the tree was on private property, while Sri Kumaran's Textiles denied ownership of the land on which the tree stood.
He said the legal doctrine of res ipsa loquitur (the facts speak for themselves) applied in proving negligence.
FMT has reached out to the named defendants for comment.
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