Girl with cerebral palsy in Shah Alam loses RM1m suit over school chair-pulling incident, family to appeal

The High Court in Shah Alam dismissed a RM1 million lawsuit filed by a teenage girl with cerebral palsy and her parents against six defendants, following an incident where she fell after another student allegedly pulled away a chair.

Judicial Commissioner Datuk Anita Harun ruled that the plaintiffs failed to establish the required negligence and causal link between supervision shortcomings and the injuries claimed.

The court ordered the plaintiffs to pay RM10,000 in costs.

The family has expressed disagreement with the ruling and intends to appeal, emphasizing the need for supervision due to the teen's special needs.

SHAH ALAM, Sept 18 — The High Court today dismissed a RM1 million civil suit filed by a teenage girl with cerebral palsy and her parents against six defendants over an incident in which she fell after another pupil allegedly pulled away a chair at a school here in 2023.

Judicial Commissioner Datuk Anita Harun also ordered the plaintiffs to pay RM10,000 in costs, national news agency Bernama reported today.

In delivering her judgment, she ruled that the plaintiffs had failed to prove the negligence and causal link required between the alleged shortcomings in supervision and care and the injuries or additional suffering claimed.

On the allegation of negligent supervision, Anita said the first defendant had acknowledged that she was the only teacher present at the time and that her attention was divided between two groups of pupils with different needs.

However, she said the evidence did not establish that the supervision arrangement was unreasonable or that any reasonable precaution that had been overlooked could have prevented the fall.

“The first plaintiff herself acknowledged that it happened quickly, without any preceding argument. Negligent supervision, that the fall was caused by it, could not be proven,” she said, noting that at the time of the incident, the first plaintiff was enrolled in the Special Education Integrated Programme (PPKI) at a school in Shah Alam.

Anita said the decision did not negate the first plaintiff’s injuries or the burden borne by her family, but reflected the failure to prove the negligence and causal link required by law to establish liability.

Earlier, Federal Senior Counsel Afiq Nazrin Zaharinan, representing all six defendants, sought RM30,000 in costs, while the plaintiffs’ lawyer, Sofian Azmir, sought RM10,000, before the Judicial Commissioner ordered the plaintiffs to pay RM10,000 in costs to all six defendants.

The suit was filed by the teenager’s father, Wan Amey Shahril Wan Ab Rahman, 39, on behalf of himself, his wife and their daughter, against six defendants: three teachers, Ilyana Sari Ridzuan, Suhaida Abdul Rahman and Aizam Naim Mohd Junid; headmistress Hamidah Shamsudin; the Ministry of Education; and the Malaysian Government.

Meanwhile, after the proceedings, Sofian said they disagreed with the decision and would file an appeal soon.

“We disagree and believe there has been an error. We will file an appeal as soon as possible, as some arguments were not emphasised or stated by the judge.

“We want to emphasise that this case involves an individual with special needs and there should have been supervision,” he told reporters.

In August 2024, media reported that the teenage girl, who was then 12, had suffered for almost a year from complications arising from spinal injuries after she fell when a friend pulled away the chair she was about to sit on.

The incident occurred on October 12, 2023 and was revealed by her mother, Azera Yazid, 38, on TikTok, before the family took legal action to seek compensation for their daughter’s injuries and the suffering she endured.

Nearly 300 higher education sites now connected under nationwide Wi-Fi project

MCMC steps up social media monitoring as Melaka election preparations gather pace

Najib solidarity fund raises RM165,645 in first hour, says Umno sec-gen

沙阿南高等法院驳回了一名患有脑瘫的少女及其父母对六名被告提起的100万令吉诉讼。此前，一名学生据称拉开椅子导致少女摔倒。

司法专员拿督阿妮塔·哈伦裁定，原告未能证明监管缺陷与所声称的伤害之间存在必要的过失和因果关系。

法院判令原告支付10000令吉的诉讼费。

该家庭对判决表示不满，并打算上诉，强调由于该青少年有特殊需求，需要对其进行监管。

莎阿南，9月18日讯——高等法院今日驳回了一名患有脑瘫的少女及其父母对六名被告提起的100万令吉民事诉讼。该诉讼涉及2023年发生在莎阿南一所学校的一起事件，当时另一名学生据称拉走了椅子，导致少女摔倒。

据马来西亚国家通讯社马新社今日报道，司法专员拿督阿妮塔·哈伦还命令原告支付1万令吉的诉讼费用。

在宣判时，她裁定原告未能证明所谓的监管和护理缺陷与所声称的伤害或额外痛苦之间存在过失和因果关系。

关于疏忽监管的指控，安妮塔说，第一被告承认当时只有她一名教师在场，而且她的注意力分散在两组有不同需求的学生身上。

然而，她表示，证据并未表明监管安排不合理，也未表明任何被忽视的合理预防措施可以防止跌倒事故发生。

“第一原告本人也承认事故发生得很快，事先没有任何争执。因此，无法证明是监管疏忽导致了摔倒，”她说道，并指出事发时，第一原告正在莎阿南的一所学校参加特殊教育融合课程（PPKI）。

安妮塔表示，该决定并未否定第一位原告所受的伤害或其家人所承受的负担，而是反映出未能证明法律规定的过失和因果关系，从而无法确立责任。

此前，代表六名被告的联邦高级律师阿菲克·纳兹林·扎哈里南要求赔偿30,000令吉的诉讼费用，而原告律师索菲安·阿兹米尔则要求赔偿10,000令吉。之后，司法专员命令原告向六名被告支付10,000令吉的诉讼费用。

该诉讼由这名青少年的父亲，39 岁的 Wan Amey Shahril Wan Ab Rahman 代表他自己、他的妻子和他们的女儿提起，被告包括六名教师：Ilyana Sari Ridzuan、Suhaida Abdul Rahman 和 Aizam Naim Mohd Junid；校长 Hamidah Shamsudin；教育部；以及马来西亚政府。

与此同时，索菲安在庭审结束后表示，他们不同意这一决定，并将很快提出上诉。

“我们不同意这一观点，并认为判决有误。我们将尽快提起上诉，因为法官没有强调或陈述某些论点。”

“我们想强调的是，此案涉及一名有特殊需要的人士，因此应该有人监督他，”他告诉记者。

2024 年 8 月，媒体报道称，这名当时 12 岁的少女在朋友拉开她即将坐下的椅子时摔倒，导致脊柱受伤，此后近一年来一直饱受并发症的折磨。

该事件发生在 2023 年 10 月 12 日，由她 38 岁的母亲 Azera Yazid 在 TikTok 上曝光。之后，这家人采取法律行动，为女儿的伤势和遭受的痛苦寻求赔偿。

全国Wi-Fi项目已连接近300所高等教育机构。

随着马六甲州选举筹备工作加速推进，马来西亚通信与多媒体委员会（MCMC）加强了对社交媒体的监管。

巫统秘书长称，纳吉布团结基金在第一小时内筹集了165,645令吉。