Mary Machingura has dragged Neil Mtungwazi and Pearls
Opticians to court.
In her papers, Machingura claimed she approached Pearls
Opticians after experiencing itching in her eyes.
Mtungwazi prescribed her pyrimon eye drops on January 11,
2018. After applying the eye drops, Machingura says she developed complications
on her right eye, seven days later.
A specialist then told her that the eye drops had caused
holes in her eye.
“In an attempt to rectify the urgent complication,
Machingura sought medical advice in Italy, where she was attended to by two eye
specialists.
“Upon examination, Machingura was advised that the eye had
been permanently damaged and suffered permanent vision loss.
“Mtungwazi acted unlawfully, and negligently in his course
of his trade to Machingura’s monumental prejudice in that, as a dispensing
optician, Mtungwazi was not permitted to dispose of any medication.
“He acted without due care, in failing to perform his main
function, and referring Machingura to a competent specialist, thereby,
suffering both general and special damages,” reads the court papers.
She is demanding damages for pain and suffering (US$50 000)
and permanent disability (US$25 000), among other things.
Recently, Machingura approached the High Court, seeking to
amend the summons after SI 33 of 2019, as read with Finance Act No.2 of 2019,
dealing with the value of debts in local currency.
She said the sum she first claimed, at the date of injury,
was no longer sufficient to compensate her.
However, in his notice of opposition Mtungwazi argued the
amendment sought was prejudicial to him.
“Machingura should just withdraw her summons filed under HC
5896/18 and file fresh ones in RTGS dollars if she intends to do so. The sum
claimed by Machingura should be just $79 258 though disputed by virtue of the
operation of SI 33 of 2019 as read together with Finance Act No. 2 of 2019,”
argued Mtungwazi.
The matter is pending. H Metro
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