A CROSS-BORDER trader who survived one of the country’s worst accidents that claimed 43 lives, when a Zambia-bound King Lion bus rammed into a tree along the Harare-Chirundu Road, is suing the bus company and its deceased driver for $1 million.
The accident occurred on June 7, 2017 at around 10PM at the 257km peg near Nyamakate shops, Karoi in Mashonaland West province and it was declared a state of disaster.
The driver, Jimson Ruzvidzo was among those who died on the spot.
Ms Khulani Ndlovu, who was left disabled after the accident, is now suing King Lion Motorways Bus Company for $1 million being general damages, medical expenses, pain and suffering and disfigurement.
She also wants the court to direct the bus company to pay her US$4 700 and R800 or the equivalent in local currency being the money she lost at the time of the accident.
Ms Ndlovu, through her lawyers Masiye-Moyo and Associates, filed summons at the Bulawayo High Court citing King Lion Motorways (Pvt) Ltd and Jimson’s widow, Mrs Joyce Ruzvidzo in her capacity as the executor of her deceased husband’s estate.
Ms Ndlovu said the accident was caused by Jimson’s negligence while driving his employer’s bus.
She said following the accident, she is now unable to fend for her family and has lifetime injuries which will see her seeking medical assistance in future.
“The accident was due to the negligence of the first defendant (King Lion Motorways Bus Company) in that it failed to service or maintain the vehicle to keep it roadworthy. First defendant is therefore vicariously liable,” said Ms Ndlovu.
She said as a result of the accident, she is now experiencing hearing difficulties, has limited movement of the neck and back flexion and pelvic movement.
Her eyesight was also affected and she is receiving physiotherapy as well as CT brain scan.
“I suffered serious injuries including but not limited to temporal lacerations, lacerations of the eye and the upper limbs, pelvic injuries and left knee injuries. As a result of the accident, I suffered damages in the amount of $1 million for future medical expenses due to pain and suffering, disfigurement and loss of amenities,” said Ms Ndlovu.
She said she also lost US$4 700 and R800 in cash following the accident.
Ms Ndlovu also wants the defendants to pay the legal costs she incurred.
“Wherefore plaintiff’s claims against the defendants jointly and severally the one paying the other to be absolved,” she said.
Ms Ndlovu said she only became aware of the existence of Mrs Joyce Ruzvidzo as the executor of her deceased husband’s estate on November 19 last year after the Master of the High Court informed her following her efforts to have the estate registered.
Recounting the horror crash in papers before the court, Ms Ndlovu said she was one of the passengers who boarded a Scania Iriza bus registration ABQ 2875 owned by King Lion on the day in question.
The bus was being driven by Jimson who was employed by the King Lion Bus Company.
She said the driver was speeding and passengers had complained and warned him against that.
Ms Ndlovu said the driver was stubborn and ignored passengers’ concerns.
She said the driver failed to negotiate a curve resulting in the bus veering off the road and hitting a big tree. — @mashnets