KUALA LUMPUR: The Sessions Court today granted a couple a judgement in default in a suit against two babysitters who were allegedly negligent after their three-month-old baby died after allegedly choking on milk while under their care last year.
Judge Zawiyah Saad allowed the application of Mohd Rafi Abd Razak, 26,and Anis Amalina Mazlin, 28, as plaintiffs against the babysitters, as first and second defendants, as they failed to file memorandum of attendance to answer the suit by the stipulated date.
After proceedings, counsel Muhammad Hariz Md Yusoff said the court had recorded the judgement in default on May 7 and allowed the couple's suit.
"My client filed the suit in accordance to procedure but the defendants were late to enter an appearance to answer the suit.
"I understand the defendants had appointed a counsel after the court recorded the judgement in default," he said, adding a new date for the next proceedings will be known soon.
In the couple's statement of claim, Rafi, as the first plaintiff and father, had on that day sent his daughter to the defendants' home child care centre at 6.48am.
The baby was received by the first defendant and it was her 10th day under the care of the centre.
Rafi had at 11.40am on the same day received a call from the second defendant that his baby was weak and not breathing and urged him to go to the centre immediately.
He had also told the second defendant to get swift medical treatment by calling the ambulance.
On his way to the house, he had call the second defendant to enquire about the baby's condition but was told that an ambulance had taken her to a hospital but was unsure where.
Rafi decided to head to the nearest health facility which was Putrajaya Hospital.
He claimed the defendants had left his baby alone in the ambulance and did not care about her condition or where the vehicle was headed to.
The couple said they were told by the hospital that their baby failed to be resuscitated despite emergency assistance.
The hospital declared the baby's death at about 12.17pm and the parents were told that her stomach was filled with milk as a lot of it had came out from her mouth and nose when medical assistance was administered.
The couple pleaded that the death of their baby was caused by negligence of the defendants who had given milk excessively which caused her to choke to death.
This was despite their repeated reminders to the defendants to be mindful of its quantity.
Rafi had on June 15 and July 2 last year lodged police reports on the death of their baby.
The incident had caused Anis to be diagnosed with grief which required medication, therapy as well as counselling.
The couple is demanding more than RM100,000 in damages from the defendants, including bereavement damages and other interest deemed appropriate by the court.