Couple Wins Default Judgment Against Babysitters Over Child S Death

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Rafi Abd Razak and his wife, Anis Amalina Mazlin, had sued two babysitters for negligence. (Bernama pic)KUALA LUMPUR: The sessions court here has awarded a default judgment to a married couple in their lawsuit against two babysitters accused of negligence, which led to the death of their three-month-old baby girl from choking on milk last year.
Judge Zawiyah Saad allowed the application by Rafi Abd Razak, 26, and Anis Amalina Mazlin, 28, after the two female babysitters, aged 58 and 35, failed to appear to respond to the lawsuit on the scheduled date.
The couple’s lawyer, Hariz Yusoff, told reporters the court recorded the default judgment on May 7 and allowed the plaintiffs’ claims.
“However, a new date for the assessment of costs has yet to be determined by the court,” he said at the Kuala Lumpur court complex today.
Hariz, who was assisted by lawyers Nur Fatin Syakinah Kamarudin and Noor Syazwani Yusri. said the legal team had filed the lawsuit in accordance with procedures, but both the defendants, who are mother and daughter, were late to respond.
“It is understood that the defendants have also appointed a lawyer after the default judgment was recorded by the court,” he said.
According to the lawsuit filed on April 9, the incident occurred on June 15, 2023, when Rafi entrusted the child to the defendants’ care at 6.48am.
However, at 11.40am, he received a call from one of them saying the baby was in a weakened state and not breathing, and telling him to return urgently.
Rafi said he told the babysitter to call for an ambulance immediately. He was later informed that his baby had been taken by an ambulance to hospital, but she did not know where, prompting him to rush to the nearest facility, Hospital Putrajaya.
“Hospital Putrajaya later confirmed that his baby was no longer breathing despite emergency treatment and her time of death was 12.17pm the same day.
“I was informed that my baby’s stomach was full of milk as there was a lot of it coming out through her mouth and nose during the emergency procedure,” Rafi said in his statement of claim.
The plaintiffs demanded damages of more than RM100,000 from both defendants, including compensation for grief, special damages, and any other award deemed appropriate by the court. - FMT

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