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Widower sues NParks for negligence after wife killed by falling tree in Botanic Gardens

SINGAPORE — Three years after a Tembusu tree toppled at the Singapore Botanic Gardens and killed a 38-year-old woman attending a public concert there, her husband has brought a lawsuit against the National Parks Board (NParks).

The authorities investigating the cause of the fallen Tembusu tree at the Singapore Botanic Gardens on Feb 12, 2017.

The authorities investigating the cause of the fallen Tembusu tree at the Singapore Botanic Gardens on Feb 12, 2017.

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SINGAPORE — Three years after a Tembusu tree toppled at the Singapore Botanic Gardens and killed a 38-year-old woman attending a public concert there, her husband has brought a lawsuit against the National Parks Board (NParks).

French national Jerome Rouch-Sirech is suing the statutory board for negligence in relation to his wife Radhika Angara’s death in 2017, based on High Court documents seen by TODAY.

The family is seeking damages, along with special damages for pain and suffering and legal costs for a coroner’s inquiry into her death.

Mr Rouch-Sirech’s statement of claim, dated Feb 7, stated that Angara earned an annual salary of S$252,600 at the time of her death. 

This would likely have progressively increased over the next 25 years, tripling to at least S$757,800, the statement of claim read. 

Angara — an Indian national and regional digital marketing head for Asia-Pacific at MasterCard — was at the Unesco World Heritage site on Feb 11, 2017 with Mr Rouch-Sirech and their 11-month-old twins. 

She was carrying one of the infants in her arms when she was hit by the 40m-tall tree at about 4.30pm.

The boy suffered abrasions on his limbs and contusions on his head. Angara died of multiple facial, rib and hip fractures and traumatic asphyxia when she could not breathe after being pinned under the tree.

A coroner ruled her death as a tragic misadventure in 2018, saying that no one, not even experts, could have anticipated the tree falling and causing Angara’s death. 

Then-State Coroner Marvin Bay ruled at the time that NParks’ arborist, or tree doctor, who was responsible for the massive tree’s last inspection in September 2016, followed existing protocol. 

It was found to be healthy with no external signs of decay.

The tree, which was found eventually to have massive internal decay, was checked twice a year for the presence of open cavities.

Heavy rainfall and strong winds of 30km/h to 40km/h in the week leading up to the accident contributed to the tree’s collapse, besides its weak trunk, the coroner added.

Mr Rouch-Sirech — represented by lawyers from Tan Rajah & Cheah, including Senior Counsel Chelva Retnam Rajah — is alleging that NParks was negligent in failing to have: 

  • A proper or adequate system to investigate tree failure, which could have led to the discovery that the tree was unsafe

  • A system in place that could have uncovered the decay and ill-health of the tree, as well as its structural defects

  • A satisfactory inspection system for old and large trees, including the Tembusu tree

  • Kept the tree in a healthy and stable condition, or alternatively failing to remove it

  • Given sufficient warnings of the risk of the tree collapsing, which it knew or ought to have known

  • Taken care for the safety and health of visitors to the Botanic Gardens, including Angara and her family

Court documents stated that Angara had “good prospects of further advancement in her career as a senior executive in the fintech and digital marketing sectors, which are sunrise industries”.

She also contributed to the family home’s mortgage, their living expenses and savings for the children’s education.

For the special damages that Mr Rouch-Sirech is claiming, they include S$5,000 for pain and suffering, about S$23,000 for legal costs for the coroner’s inquiry, and S$6,500 in funeral expenses.

NParks, represented by lawyers from LVM Law Chambers, denied that the tree collapsed due to its negligence.

It stated that the Tembusu tree had been regularly inspected and maintained and that past inspections did not reveal any signs that it was susceptible to collapse, which would lead to NParks taking more measures to prevent its collapse or remove it.

The tree had been pruned in August 2016 as well, as part of regular pruning to ensure it was not overgrown, NParks said in court documents.

In response to queries from TODAY on Tuesday (March 31), NParks said: “As the proceedings are ongoing, it would not be appropriate to comment on the matter.”

Related topics

NParks death court Singapore Botanic Gardens Tembusu tree lawsuit

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