Edward Stanley v Humphrey Mwambi and Charmaine Sibanda and Nestar Ambulance Services

HB 209/20

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Case Details

Court

Bulawayo High Court

Date

1 October 2020

Citation

HB 209/20

Neutral Citation

[2020] ZWHB 209

Outcome

unknown

Case Type

Trial

Bench

Presiding

DUBE-BANDA J

Full Bench

DUBE-BANDA J

Areas of Law

DelictPersonal InjuryVicarious Liability

Keywords

negligenceambulance servicesstretcher collapsefemur fracturedamagesvicarious liability

Key Issues

{"issue_text":"Whether liability has been established for negligence","issue_type":"law","dispositive":"yes","related_facts":"Duty of care owed by ambulance service, breach through negligent handling of stretcher"}
{"issue_text":"Whether vicarious liability applies to 3rd defendant","issue_type":"law","dispositive":"yes","related_facts":"1st and 2nd defendants were employees acting in course of employment"}
{"issue_text":"What quantum of damages should be awarded","issue_type":"mixed","dispositive":"yes","related_facts":"Medical expenses, future treatment needs, pain and suffering"}

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background

Facts of the Case

Background

The plaintiff, an 82-year-old man, was being transported by ambulance services when he fell from a collapsing stretcher operated by the defendants' employees, sustaining a fractured femur requiring surgery and resulting in 25% permanent disability. The defendants failed to defend the action, resulting in default judgment.

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