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Harare High Court
Robert Gorejena Matongo v Catesbury Trading Company and Tendai Danes Chibanguza
HH 109-18
Case Details
Court
Harare High Court
Date
7 March 2018
Citation
HH 109-18
Neutral Citation
[2018] ZWHH 109
Outcome
unknown
Case Type
Trial
Bench
Presiding
MUSHORE J
Full Bench
MUSHORE J
Areas of Law
DelictPersonal InjuryVicarious Liability
Keywords
traffic accidentpersonal injurypermanent disabilityloss of incomepain and sufferingmedical expenses
Tags
traffic accidentpersonal injuryvicarious liabilitydamages assessment
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether defendants are vicariously liable for driver's negligence","issue_type":"law","dispositive":"yes","related_facts":"Driver was employed by defendants and acting in course of employment"}
- {"issue_text":"Amount of damages payable for permanent disability and loss of income","issue_type":"mixed","dispositive":"yes","related_facts":"27% permanent disability, loss of earnings from October 2015"}
- {"issue_text":"Whether future loss of income should be awarded","issue_type":"law","dispositive":"no","related_facts":"Plaintiff is contract employee without permanent contract"}
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background
Facts of the Case
Background
On 10 October 2015, the plaintiff was injured when unsecured bricks fell from a truck driven by the defendants' employee, causing a traffic accident. The plaintiff sustained a double fracture and open wound on his right hand, resulting in 27% permanent disability.
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