Wednesday March 6, 2013
Childcare owner not in the wrong, rules court
KUALA LUMPUR: A childcare centre and its caretaker were found to have not been negligent in their duty when a child experienced breathing difficulties while under their care.
Judicial Commissioner Vazeer Alam Mydin Meera ruled that Rihanni Qaseh Abdul Rahim’s meningitis was not due to the defendants’ negligence.
JC Vazeer Alam agreed with consultant paediatrician Dr Nomee Ashikin Mohammad Radzi that caretaker Norita Buyong’s action in doing CPR had saved Rihanni.
“The parents of the child have to be thankful to Norita and not drag her to court,” JC Vazeer Alam held in dismissing the civil suit.
He awarded RM35,000 in costs to the defendants.
The negligence suit was filed on Feb 24 last year through the mother Noripah Md Yusop.
Taska Umi Hayati owner Hayati Mat Hussin, 45, and Norita, 32, were named as defendants.
Among others, they sought RM500,000 in general damages and RM1,184 in special damages.
In the statement of defence filed on May 8, last year, the defendants denied negligence and said it had no duty and expertise to take care of the child’s health and medical aspects.
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