Man sues NParks over wife’s death
Husband accuses board of negligence after heritage tree fell on them in 2017
THE husband of a woman who was killed in February 2017 after a 40m-tall tembusu tree at the Singapore Botanic Gardens fell and hit her has accused the National Parks Board (NParks) of negligence and is seeking damages.
Jerome Rouch-Sirech, 43, is seeking damages for the loss and bereavement suffered by his family as she was a means of support for him and their twin children, now aged four. He is suing as co-administrator of and on behalf of the dependants of his dead wife Radhika Angara, court documents show.
NParks, in contesting the claims, denies the collapse of the 270-yearold tree was caused by its negligence or that of its staff or agents.
In April 2018, a coroner’s inquiry found the death of Angara, 38, to be a “tragic misadventure”.
She was at the Botanic Gardens with her husband and their then 11-month-old twins to attend a public concert on Feb 11, 2017, when the heritage tree collapsed onto the area where they were seated. She suffered severe injuries and was later pronounced dead in hospital.
Senior Counsel Chelva Retnam Rajah and lawyers from Tan Rajah & Cheah represent Rouch-Sirech, while Senior Counsel Lok Vi Ming and LVM Law Chambers’ lawyers are defending NParks.
Central to the plaintiff’s negligence claim is the tembusu tree and its condition. Among other things, Rouch-Sirech alleges NParks failed to have a proper and adequate system to assess and inspect the tree.
This would have shown it was in an unsafe condition and a danger to visitors to the garden, including his wife and her family.
He further claims NParks failed to use proper diagnostic devices or an adequate risk assessment protocol and procedure.
The claim for damages is underpinned by Angara’s bright career and future prospects as a marketing director in a sunrise industry with a minimum annual income of S$252,600 (RM775,300) and her potential long-term contributions to the family.
NParks, in defence papers filed in March, countered that it had exercised reasonable care and skill in the maintenance of the tree, as is expected of its position. The inspection and maintenance regime, it added, was guided by best management practices promulgated by the International Society of Arboriculture, a globally recognised body.
The last inspection, less than five months earlier, had shown that the tree was healthy. Its vigour was described as excellent and there were no external signs of the tree trunk’s decay, it added. The case, if not discontinued before going to trial, could be the first to clarify the extent of NParks’ liability, if any, in such circumstances.
In October 2017, the family of a motorcyclist who fell into a coma after being hit by a falling tree branch sued NParks, seeking damages for alleged negligence.
Lee Kar Choon’s wife and sister filed the lawsuit for the July 20, 2016 accident in Admiralty Road. They were appointed by the court in June 2017 as his deputies under the Mental Capacity Act, following his disabilities from head injuries.
NParks denied the claims and the case was discontinued on June 13, 2018 by the plaintiff with defence consent. When asked about it, NParks said last Thursday that it was “unable to comment”.
Lawyers said a case is generally discontinued when the matter is concluded, withdrawn or resolved with a confidentiality clause.
Hoh Law Corporation’s N. Srinivasan, who represented the motorcyclist’s family, yesterday declined to comment.