An accident victim who became crippled in 2008 following the unfortunate incident has won a US$38 000 claim against a motorist who caused his present circumstances.
Johnson Muchechesi had initially claimed US$82 000 being damages for bodily injury and US$2 000 for medical expenses from Kelvin Musimwa but the High Court settled at US$37 189 after hearing arguments from both parties.
The basis of the claim was that Musimwa drove negligently before ramming into Muchechesi's motor vehicle resulting in him sustaining a broken femur leading to permanent disability.
Muchechesi was admitted to the Intensive Care Unit (ICU) for the injuries sustained and stayed in the hospital from 27 June 2008 to 1st September 2008 when he was discharged.
He stated further that he was 39 years old then and had four children whom he failed to send to school because of his health as he was unable to work.
Muchechesi also produced and was admitted as exhibit 2 series, x-rays taken and the amounts paid and the hospital bills $105 billion and $2.5 trillion.
He stated that there were other amounts which were to be paid for the surgery he was to undergo for the hip and knee.
For the knee operation, an amount of US$5 000.00 and for the hip replacement an amount of US$25 000.00 were going to be required.
This was as per the doctor's assessment who put his injuries and disability at 65% permanent disability.
He also stated that he still goes for reviews at Parirenyatwa Hospital where he was told to go and have costs done for the items required for the hip replacement.
Muchechesi said he has been in pain for the past 14 years and he does not think he will be able to live normally again. He said his wife divorced him because he could no longer be intimate with her.
"He has been going for reviews and still does. He also maintained his position that as a result of the injuries sustained, he cannot carry out normal work, have conjugal rights and require money to send his children to school," the court heard.
Doctors who testified also told the court that the cause was a high-energy traumatic event.
"The remedial action is operative management, he needs a total hip replacement for the right hip, needs open reduction, internal fixation of right patella and lengthening of the quadriceps," said Dr Musamha and Dr Mageza who treated him.
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In his defence, Musimwa argued that Muchechesi caused the accident as he was driving at high speed and wanted to overtake in front of on-coming traffic.
High Court judge Justice Gladys Mhuri said Musimwa lied in court.
"My analysis of the defendant's evidence is that he was not a credible witness. He could not state a straightforward story of what transpired before and after the accident. He stated there were 3 cars in front of him driving in the opposite direction and the plaintiff tried to overtake 2 of them. How he managed to see these 3 cars at that time (early evening) is a wonder.
"Plaintiff is therefore entitled to claim damages for the injuries sustained. The defendant did not prove any contributory negligence on the part of the plaintiff.
"As regards loss of amenities for life, the plaintiff's testimony was that due to the injuries he sustained, he was unable to work, he was by then aged 39 years, he was in his prime and was able to look after his children. He is now divorced from his wife as he is unable to perform conjugal rights."
She ruled, "All in all, the plaintiff is awarded a total sum of US$37 189 in damages."
