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Mashudu Netsianda, Senior Court Reporter
A BULAWAYO-based traffic cop who was last year injured when an errant motorist accidentally knocked him down while trying to evade a roadblock, is suing the driver of the car for more than $16 000 in damages.
The accident occurred on March 3 last year when the motorist, Mr Peter Phiri, was trying to flee from the roadblock whose location was not mentioned in court papers.
Mr Kudakwashe Tokoda was manning the roadblock when Mr Phiri, who was driving a Toyota Gaia, hit him.
Mr Tokoda through his lawyers, Dube-Tachiona and Tsvangirai Legal Practitioners, filed summons at the Bulawayo High Court citing Mr Phiri and Sanctuary Insurance Company as defendants.
Mr Tokoda, who is the plaintiff in the matter, said he suffered permanent injuries, shock and pain as a result of the accident. He said the accident was caused by Mr Phiri’s sole negligence.
“The first defendant (Mr Phiri) drove recklessly without regard to the safety of other road users. He encroached into a prohibited lane and failed to exercise reasonable control of the danger he created when he failed to obey a ‘police ahead’ warning sign and trying to evade the roadblock,” he said.
Mr Phiri was convicted of negligent driving and fined $20.
“The police adjudged the first defendant to be negligent and charged him with the offence of reckless driving for which he was convicted and fined $20,” he said.
Mr Tokoda is demanding $16 618 being damages for pain, shock, permanent injuries, contingencies, future and past medical expenses incurred.
He wants an order directing the defendants to pay him the money including legal costs.
“As a result of the accident the plaintiff suffered injuries which rendered him permanently disabled for about five percent which will cause him pain forever especially during winter,” said Mr Tokoda’s lawyers.
Mr Tokoda said despite demand, the defendants has refused, failed and neglected to compensate him for the injuries and damages suffered.
He is seeking an order compelling the defendants to pay the money.
The defendants have not yet responded to the summons.—@mashnets
Online Reporter