http://www.straitstimes.com/Singapor...ry_527399.html

May 17, 2010

CONDO SPA POOL CASE

Drowned man's family files suit


THE family of a German national who drowned in 2006 after he was trapped at the bottom of a condominium's spa pool has filed a lawsuit against the management corporation of the condominium and its managing agent.

The relatives of Mr Arndt Starke are seeking damages in the High Court from the Goldenhill Park Condominium's management corporation and Knight Frank Estate Management (KFEM), hired to manage the condominium.

Mr Starke's mother and his two brothers blamed the parties for being negligent in their duties to keep the pool at the Mei Hwan Drive condo safe.

Among other damages, the family is asking for €20,000 (S$35,000) to cover the funeral expenses of the 39-year-old, who was a finance director with a German marketing company.

These details are from court documents obtained by The Straits Times last week.

The claim comes more than two years after a Coroner's Court ruled the death an accident.

The court heard that Mr Starke and his fiancee had gone to the spa pool at about 9.15pm on Dec 1, 2006. When the jets weakened, the fiancee went to restart the system. When she returned, she found her fiance, who was 2m tall and weighed 88kg, sprawled at the bottom of the 0.9m-deep pool. He was stuck to a hole leading to a suction drain. The plastic grates covering it were broken, contributing to a force equivalent to that exerted by 16 people.

In recording a verdict of misadventure, the Coroner said he could not find evidence of either a deliberate criminal act or criminal negligence.

But the Starkes remained unconvinced. In their statement of claim, submitted through lawyer Foo Soon Yien, they alleged that KFEM was negligent.

Among other things, they alleged that there was no adequate system of checks that could have allowed for discovery of the broken grates. The Starkes also accused KFEM of not providing an emergency switch nearby to shut its system down.

The managing agent denied the allegations in its defence submitted through law firm Bogaars & Din.

It made clear that the pool was not among the duties in its contract with the condo's management, which had separately engaged Aquatech Products & Services to ensure the pool was well-maintained.

If there had been negligence, it would be on the part of Aquatech, Mr Starke himself, or both.

KFEM named Aquatech as a third party, which means Aquatech might have to pay damages. The Starkes had dropped an earlier claim against Aquatech.

TEH JOO LIN