THE High Court has ordered Netstar Ambulance Services (NAS) to compensate a Bulawayo man more than $400 000 after he fell off a stretcher bed and got injured while being taken out of the company’s ambulance upon arrival at a hospital.
Mr Edward Stanley sustained a femoral fracture after the
stretcher bed collapsed while he was being taken to the United Bulawayo
Hospitals (UBH). He sustained 25 percent disability.
The ruling by Justice Christopher Dube-Banda follows
summons filed by Mr Stanley at the Bulawayo High Court, citing NAS and its two
employees, Mr Humphrey Mwamsbi and Ms Charmaine Sibanda, who were both part of
the ambulance crew, as defendants.
Justice Dube-Banda said NAS is liable and should pay the
money as its two workers were performing their duties at the time of the
incident.
The judge said since there are no scales existing by which
pain and suffering can be measured, the quantum of compensation can only be
determined by the broadest general considerations, which include the fall in
value of local currency.
“Awards must reflect the state of the economic development
and current economic conditions of the country. General damages are awarded to
compensate plaintiff for direct effects of the damage to the injured party or
for loss,” he said.
“The objective of general damages is to enable the
plaintiff to overcome the effects of the injuries, compensate him and not to
penalise the defendant.”
Justice Dube-Banda said although he has no difficulties in
rejecting the claim for loss of amenities, awarding Mr Stanley for damages for
pain and suffering and loss of amenities would amount to double compensation.
“In the result, it is ordered that default judgment be and
is hereby entered in favour of the plaintiff in the sum of $436 380 for special
damages being medical expenses, future medical expenses and general damages
being pain and suffering,” ruled the judge.
Mr Stanley said on November 27, 2019, he enlisted the
services of Netstar Ambulance Services, which offers ambulance services, to
ferry him from his house to UBH.
The ambulance company sent its crew consisting of Mr
Mwamsbi and Ms Sibanda who upon arrival put Mr Stanley on a stretcher bed and
transported him to the hospital.
“Upon arrival at the hospital, first and second defendants
(Mr Mwamsbi and Ms Sibanda) took me out of the ambulance in a stretcher, which
collapsed resulting in my fracturing the femur,” said Mr Stanley.
He said he had to undergo an operation and had metal plates
inserted inside his leg to support his bones.
Mr Stanley said the defendants were negligent, arguing they
failed to exercise due care and attention when they took him out of the
ambulance on the stretcher bed.
“The defendants failed to ensure that I was properly
secured on the stretcher bed before lifting me up. They failed to ensure that their
stretcher was safe to carry me and as a result of their negligence, I suffered
25 percent permanent injuries,” he said.
Mr Stanley also wanted the defendants to pay him US$3 250,
R650 and 900 pula being additional special damages, but the judge rejected the
claim, saying there was no justification.
The defendants did not respond to the application. Mr
Stanley was represented by Moyo and Nyoni Legal Practitioners. Chronicle
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