Thursday 26 April 2018


A TEACHER who sustained fractured ribs which resulted in her retiring on medical grounds following an accident involving a Zimbabwe Teachers’ Association (Zimta) vehicle she was travelling in is suing the union for more than $5 million in damages.

Ms Tendai Masola, who was a teacher at Tennyson Hlabangana High School in Hope Fountain outside Bulawayo, sustained serious injuries when the driver of their car, a Ford Ranger, failed to negotiate a sharp curve and lost control of the vehicle.
The vehicle veered off the road and overturned.

The incident occurred on September 10 in 2012 along the Maphisa-Brunapeg Road while Ms Masola together with several other teachers were coming from a colleague’s funeral in Maphisa.

Ms Masola was seriously injured. She said the driver was negligent when he drove the car at an excessive speed resulting in the accident.

She said the driver failed to take reasonable steps to avoid the accident.
Ms Masola through her lawyers, Calderwood, Bryce Hendrie & Partners, filed summons at the Bulawayo High Court citing Zimta and the driver of the car, Mr Wilson Mangena, as the defendants.
In papers before the court, the plaintiff said she sustained fractured ribs which resulted in her retiring on medical grounds.

“As a result of the injury and early retirement caused by it, I am losing $309 every month and will do so for 17 years resulting in an accumulated loss of $63 036,” she said.
Ms Masola said during the course of the accident, she also lost bales of grass.

She is demanding $5 186 186 being damages for pain and suffering, shock, future medical expenses and loss of future income from grass baling activities.
She said she stood to generate $10 000 per annum from some activities until reaching the age of 60 years.

However, because of the injuries, she is now incapacitated and no longer able to engage in that business.

“Prior to my injury I generated an additional income from baling and selling grass. As a direct result of the accident, I am unable to gather bales of grass from the bush worth $1 150,” said Ms Masola.

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

The plaintiff is seeking an order compelling the defendants to pay $5 186 186 for the damages.

Zimta through its lawyers Munyaradzi Gwisai and Partners, challenged Ms Masola to show proof of how she arrived at the figures for the damages she allegedly suffered.
The lawyers also want Ms Masola to produce medical records with the names of the hospital and doctors who attended to her. They also want the rate at which the medical expenses would be paid and the period.

“We also want proof that she was in the business of selling grass bales and how many bales she lost as a direct result of the accident including the value,” said the Zimta lawyers. Chronicle


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