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Free Malaysia Today
2 days ago
- Free Malaysia Today
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.
Malay Mail
2 days ago
- Malay Mail
Family of Chinese victims files RM1.7m lawsuit after deadly tree fall at Penang museum, blames multiple parties for fatal tragedy involving tourists
GEORGE TOWN, June 13 — The family of two Chinese tourists, who were killed by a fallen tree in Penang in September last year, filed a RM1.7 million civil suit against six parties. Yang Xueli, 69, and Wang Geng Feng, 41, through their counsel, Ng Kian Nam, filed the suit at the High Court here today. Yang is the widow of the 69-year-old deceased Liu Zhu and the mother of the 36-year-old deceased Liu Xinxin while Wang is the widower of Xinxin. Liu Zhu and Xinxin were killed when a tree within the car park area of the Pinang Peranakan Museum fell over at about 2.30pm on September 18 last year, crushing the vehicle parked there while the father and daughter were inside the car. In a video call with Ng today, Wang said the letter of demand they issued to five parties in January this year either did not receive any response or a response that took responsibility for the incident. 'We have no choice but to take this step to file this suit in court to make the parties involved liable for what happened to my wife and father-in-law,' Wang said. He said his mother-in-law, Yang Xueli, is elderly and sickly, especially after losing her daughter and husband. In their writ of summons, Yang Xueli and Wang, named Pinang Peranakan Mansion Sdn Bhd, SSM Capital Sdn Bhd, Sri Kumaran's Textile Sdn Bhd, Pony Holiday Sdn Bhd, Har Kwai Leng and Penang Island City Council (MBPP) as defendants in the suit. Ng said there was no reply to the letters of demand from Pinang Peranakan Mansion Sdn Bhd, SSM Capital Sdn Bhd, Pony Holiday Sdn Bhd and Har Kwai Leng. Pinang Peranakan Mansion is the operator of the museum where the incident happened, SSM Capital is the proprietor for the land owner of the museum, Sri Kumaran's Textile is the land owner of the premises where the tree grew, Pony Holiday is the tour agency while Har the driver who took Liu Zhu and Liu Xinxin. He said Sri Kumaran's Textile Sdn Bhd, the owner of the neighbouring lot where part of the tree grew, replied to the letter of demand by denying all liabilities. In a reply by their lawyers, they stated that the tree was found and located on the land of Pinang Peranakan Mansion. They also said Sri Kumaran's Textile Sdn Bhd does not own the tree and was not responsible for monitoring, assessing or acting upon the tree's condition. Meanwhile, MBPP had replied to the notice of demand stating that the tree grew within a private property and was not under its jurisdiction. MBPP also said it has not received any complaints regarding the tree from any party prior to the incident. 'We will file the writ of summons and statement of claims to the Penang High Court through e-filing today,' Ng said. He said the defendants will need to file a statement of defence upon being served the writ. Ng Kian Nam (right) with the writ of summons and statement of claims at the High Court in Penang on June 13, 2025. — Picture by Opalyn Mok In their statement of claims, they are seeking general damages, special damages, costs interests amounting RM1.7 million and other reliefs deemed necessary by the court. Ng said they are representing Yang and Wang on a pro bono basis to make sure those responsible for the incident are held accountable. He also urged the tourism ministry and local authorities to take responsibility for the incident as it involved tourists. 'This is the basic responsibility of the authorities, especially when it happens in a tourism site,' he said.
