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Bulawayo High Court
Tonderai Chingonzo v Delta Beverages (Pvt) Ltd
HB 199.19
Case Details
Court
Bulawayo High Court
Date
19 December 2019
Citation
HB 199.19
Neutral Citation
[2019] ZWHB 199
Outcome
unknown
Case Type
Trial
Bench
Presiding
Takuva J
Full Bench
Takuva J
Areas of Law
DelictLaw of Evidence
Keywords
res ipsa loquiturabsolution from the instancebottle top explosioncorneal perforation
Tags
personal injuryproduct liabilitynegligence
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the plaintiff established a prima facie case of negligence against the defendant to withstand an application for absolution from the instance.","issue_type":"procedural","dispositive":"yes","related_facts":"Inconclusive lab report, plaintiff's control of the bottle, lack of specific particulars of negligence."}
- {"issue_text":"Whether the doctrine of res ipsa loquitur applies to the facts of this case.","issue_type":"law","dispositive":"yes","related_facts":"The nature of the incident (bottle top popping off) and the control of the bottle."}
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background
Facts of the Case
Background
Plaintiff, a bottle store owner, was injured when a Castle Lager bottle top allegedly popped off and struck his right eye while he was loading beer into a refrigerator. He sued the defendant for damages, alleging negligent packaging. The defendant applied for absolution from the instance at the close of the plaintiff's case, arguing that the plaintiff failed to establish a prima facie case of negligence.
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