Man slaps Motovac with P3 million suit for injuries

Lebogang Mosikare
Correspondent | Thursday May 30, 2013 00:00

Through lawyer, Anthony Manenji, Meshack James claims that in March, 2010 he was walking with his workmate on a public road when Motovac's perimeter wall collapsed and fell on them.  The wall injured James and killed his colleague.  'The defendant failed or neglected to build its screen wall in such a manner that it does not fall and cause injury to the public and to the plaintiff in particular...,' James says.

He says the wall knocked him cold and he regained consciousness after spending six weeks at the Intensive Care Unit (ICU) of Nyangabgwe Referral Hospital.  He spent about 18 months at Nyangabgwe and Princess Marina Hospitals.  A manager from Motovac visited him in hospital in August 2011 and promised assistance. He says as a result of the injury, he is unable to partake in and enjoy social amenities of football and athletics. He has suffered damages in the form of future medical expenses that he needs on a yearly basis or as soon as necessary.  The components and professional fees and associated costs come to a total of P3,146,300 per year until he reaches the age of 65.  The claim says Motovac is liable to pay James P240,000 as damages for pain and suffering, P380,000 permanent disfigurement and P160,000 for loss of amenities of life.

James also wants P720,000 for loss of income, P720,000 to pay a personal assistant, P1,101,209 for future medical expenses and the costs of the suit. However, Motovac's attorneys from Minchin and Kelly is opposing the suit.  'In any event and without prejudice to the defendant's defence of prescription, the defendant denies that it was in anyway negligent in any manner and as such is not liable to the plaintiff in the amount claimed or any amount at all. We therefore pray that the plaintiff's claims be dismissed with costs,' the attorneys say in a memorandum of appearance to defend addressed to the registrar of the Francistown High Court and Manenji.