A PEDESTRIAN, who was hit by a security company’s vehicle sustained serious injuries while walking on the edge of the road has approached the court seeking US$74 000 from the reckless driver, his employer and an insurance company.
Francis Muzivi told the court the cost of suit covered compensation for pain, shock and suffering, discomfort and loss of amenities for life and temporary and permanent disabilities in the sum of US$50 000.
He cited the driver Felix Nyamasoka, his employer Safe-Den Security System and Cell Insurance Company, as the first, second and third respondents respectively.
He is being represented by Tendai Biti Law Chambers.
Muzivi also billed the respondents US$20 000 for loss of income and earning capacity and US$4 000 for estimated future hospital and medical expenses.
According to court papers, Muzivi, who sells his goods in the Msasa area, was at his place of work on October 22, 2020 when the accident occurred.
He was walking along a footpath adjacent to Msasa Road when he was hit by the motor vehicle Nyamasoka was driving.
Muzivi said it was clear that Nyamasoka drove negligently and failed to look out for pedestrians.
After the accident, Nyamasoka came out of the vehicle and he said he did not know what had happened and was generally apologetic.
Nyamasoka then rushed Muzivi to a hospital where he was treated.
He was admitted to hospital from October to November 2022 after suffering a fibula fracture on his left leg which resulted in a major operation in respect of which doctors inserted distal lateral fibular plate with six holes.
The doctors also inserted 3,5mm cortical screw, 3,5mm cortical screw $16 and cortical screw SS 18.
Muzivi submitted that he will produce his medical card, medical report and full details of the treatment he received from Parirenyatwa Group of Hospitals.
He said he was a vendor who earns between US$30 and US$50 a day, adding that after the accident he could no longer walk along distances carrying a heavy load which was hindering him from carrying out his duties.
Muzivi said he had lost a substantial income.
Nyamasoka, who is being represented by Tinashe Zinto of Zinto, Chivandire and Mavhaire Legal Practitioners, however, opposed the application and denied that he was negligent on the day in question.
He said Muzivi jumped onto the road which resulted in him being struck by the vehicle.
Nyamasoka also argued that he kept proper look out, stopped reasonably and was not driving at a high speed.
Nyamasoka, however, did not deny that Muzivi was injured but argued that he was to blame for jumping onto the road.
He further submitted that he footed the hospital bills for Muzivi’s treatment saying there was no justification for the money being claimed.
The matter is still pending.
SOURCE : NEWSDAY
