adminMashudu Netsianda Senior Court Reporter
A BULAWAYO vendor who sustained permanent injuries after a refrigerator door that was being offloaded by Delta Beverages workers accidentally fell on her, is suing the company for $55,000. Thandiwe Roselyn Banana, 39, was selling her wares at Mzilikazi Service Station when the accident occurred. Banana, who is the plaintiff in the matter, filed summons at the Bulawayo High Court on Friday last week citing Delta Beverages as the defendant.
Banana is demanding $30,000 in general damages for pain and injuries she sustained as a result of the accident. She also wants the beverages company to be ordered by the court to pay $25,000 for loss of earnings and medical bills.
She said while self-employed as a vendor, she realised a minimum of $40 per day and at the time of the accident in 2011, she was aged 35 and would have remained trading up to the age of 65 and thus wants Delta Beverages to compensate her for her daily profits.
Banana, through her lawyers Marondedze, Mukuku and Partners, said Delta stopped paying for her medical bills shortly after the accident.
“On June 16, 2011, Delta Beverages employees unlawfully and negligently dropped a refrigerator door on me causing bodily injury, shock, pain and suffering. Delta Beverages has from the time of my injury been meeting medical bill before it stopped a few months later,” said Banana in her summons.
Her lawyers said the company’s failure to continue paying the medical bills had forced the plaintiff to seek legal recourse.
Banana said due to her condition she can no longer continue with her trade which involved shuttling between the market place and her trading place carrying heavy merchandise.
“My occupation involved carrying heavy wares from the market place to my place of trading but because of my current condition I’m unable to cope. In winter my lower limbs are affected by the cold and require medical treatment causing great discomfort and pain,” she added.
In the court papers, Banana said despite demand, Delta Beverages has failed, refused and neglected to pay the money.
Banana wants Delta Beverages to be compelled to pay her $55,000 as well as the cost of suit at attorney-client scale.
“Wherefore plaintiff claim against the defendant is for an order for the payment of the sum of $30,000 being general damages for pain and suffering for injuries sustained by plaintiff as a result of negligence by the defendant’s employees” said Banana’s lawyers.
“We further seek an order for the payment of $25,000 being damages for loss of earnings and medical bills that plaintiff may continue to incur as a result of the disfigurement and injury cause by the refrigerator.”
Delta Beverages has not yet filed a notice to enter an appearance to defend the summons.
Online Reporter