Byo lawyer sues car owners for injuries sustained in accident

court action

Mashudu Netsianda, Senior Court Reporter
A BULAWAYO lawyer who sustained injuries when his car was involved in a head on collision with another vehicle which had encroached into his lane, is suing the owners of the offending car for more than $56 000 in damages and medical expenses.

The accident occurred on September 22 last year at the 35km peg along the Beitbridge-Bulawayo road.

Mr Tungamirai Nyengera through his lawyers, Shenje and Company, has filed summons at the Bulawayo High Court citing George McNamara, his son Martin and Nicoz Diamond Insurance Company as the defendants.

In papers before the court, Mr Nyengera said he suffered body injuries and lost his car and cellphone as a result of the accident.

He is demanding $56 600 being damages for disability, medical expenses incurred, loss of property, pain and suffering.

“I was driving my car, a Honda CRV coming from Gwanda and heading to Bulawayo and upon approaching the 35km peg on a curve, the first defendant (Martin) whose speed was excessive in the circumstances, lost control of his car, a Toyota Landcruiser and swerved into my lane despite a continuous line demarcating the lanes,” said Mr Nyengera.

He said Martin, who was driving his father’s car, was reckless and negligent.

“First defendant was reckless and negligent in his driving conduct as he failed to control his vehicle on a curve resulting in him encroaching onto my lane when such conduct is prohibited by two continuous lines. He failed to observe my car, which was oncoming. He further failed to stop his car and continued to swerve his vehicle to his right side until he collided head on with my car when I was already off the main road,” said Mr Nyengera whose car was extensively damaged and was declared a write off.

He wants $7 000 to replace his car.

Mr Nyengera said he was still walking with the aid of crutches and currently on physiotherapy.

He said despite demand, the defendants have failed, refused or neglected to compensate him for the injuries and damages suffered.

Mr Nyengera is seeking an order compelling the defendants to pay $56 600 with prescribed interest. The lawyer also wants the defendants to pay the legal costs.

The defendants have not yet filed a notice to enter an appearance to defend the summons.

– @mashnets

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