KUALA LUMPUR (Aug 9): The High Court has found that a hotel and its parent company were indirectly responsible for an employee's negligence that led to the death of a patron in Genting Highlands more than five years ago.

Judicial Commissioner (JC) Raja Ahmad Mohzanuddin Shah determined that hotel housekeeping assistant Nurul Suhaida Dahlan, 34, had breached her duty of care in allowing an unauthorised person into the room of the deceased, Xie Ning, resulting in the Chinese national's death in June 2019.

Raja Ahmad also ruled that the employer of the hotel staff, First World Hotels & Resorts Sdn Bhd, and by extension, the company's owner, Genting Malaysia Bhd (KL:GENM), were vicariously liable for their employee's actions in the case. 

First World manages First World Hotel & Plaza located in Genting Highlands. The company is a subsidiary of Genting Malaysia under its leisure and hospitality division.

The JC awarded more than RM800,000 in damages to Wang Cui Lin, the widow of the deceased who brought the civil action against Nurul Suhaida, First World Hotels and Genting Malaysia for negligence. 

The damages for the widow comprises RM700,000 in general damages and RM10,000 for bereavement claim. Raja Ahmad also awarded more than RM100,000 in special damages to cover her travel, visa and accommodation expenses as well as her deceased husband's funeral cost.

He also awarded cost of RM75,000.

The JC however did not award aggravated or exemplary damages as the widow was unable to prove malice or bad faith in the matter.

In his 29-page written judgement released on Wednesday, the JC said that although evidence pointed to zero malicious intent on Nurul Suhaida's part, with the other defendants claiming that the death was an unforeseeable accident, the murder had unfortunately occurred.

Quoting witness testimony in court and case laws, the JC emphasised that the hotel and its owner had a duty of care to ensure that all employees were trained to ensure the safety of their guests.

"In this respect, the jurisprudence relating to innkeepers, hoteliers and those engaged in the hospitality industry is replete with references to such a duty of care,” he said. “It goes without saying that the hotel has a duty of care to ensure not only the comfort of the deceased but, more importantly, his safety as a guest.”

Raja Ahmad stressed that he took into account compensation awarded in past cases, in determining the size of the damages.

It is understood that the defendants are appealing while Wang, who sought RM2.5 million in general damages, is also planning to cross appeal the decision. 

Per the court document, the deceased last chatted with his wife on WeChat a few days before his body was found, telling her that he had won money while gambling.

Investigations conducted showed that Xie Ning was tied up by perpetrators, with the police classifying the case as murder and robbery.

A post-mortem report confirmed that the death was caused by suffocation.

Two foreign nationals suspected of causing the death were alleged to have used Nurul Suhaida's key card to enter the deceased's room.

Despite some arrests, the perpetrators have not been charged, leading the wife to initiate the legal action in 2021.

Wang was represented by Messrs V Samy Renu & Co while the defendants — First World, Genting Malaysia, and Nurul Suhaida — were represented by Messrs Kanaga, Suresh & Co.