Times Of Swaziland: WOMAN (73) FALLS, SUES PICK N PAY E1.25M

WOMAN (73) FALLS, SUES PICK N PAY E1.25M
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Mbongiseni Ndzimandze on 10/03/2022 08:48:00


MBABANE – Lojaf (PTY) Limited, trading as Pick n Pay, is being sued for over
E1.2 million by an elderly woman who reportedly fell at the entrance of one of
its supermarkets in Matsapha after being tripped by a doormat.
In her particulars of claim, Matilda Shabangu (73) of Ludzeludze submitted that
the claim against Lojaf (PTY) Limited, trading as Pick n Pay, was for payment of
damages she allegedly suffered as a result of personal injuries she sustained at
Matsapha Pick n Pay Supermarket on February 13, 2019. The applicant (Shabangu)
narrated to the court that on or about February 13, 2019 at about 4pm, she was
tripped by a loose doormat at the entrance of Pick n Pay Supermarket at Mahhala
in Matsapha.  She submitted that she lost balance and fell to the floor and her
eye glasses and cellphone dropped to the ground and were broken.
Injuries
Shabangu told the court that she allegedly sustained serious injuries on her
spine. She informed the court that after undergoing MRI scan, it was discovered
that her discs at C2 – C7and L1-S1 were ruptured. C1-C2 vertebrae are the
first two vertebrae at the top of the cervical spine. Together they form the
antlatoaxial joint, which is a pivot joint. She went on to tell the court that
on or about August 2021, she had an operation on her spine for the fusion at the
Manzini Clinic.  The plaintiff said the operation was conducted by Dr Maseko, a
neurosurgeon and it was successful. A neurosurgeon is a physician who
specialises in the diagnosis and surgical treatment of disorders of the central
and peripheral system, including congenital anomalies, trauma, tumors and
infection.
These are allegations contained in particulars of claim whose veracity is still
to be tested and the defendant is yet to file its papers. According to the
plaintiff, after the operation she went for physiotherapy at Swazi Ortho &
Physcio- Rehab Centre in Manzini for more than a month.  She said she had
recovered well from the operation and her doctor recommended that she should
undergo another operation for the fusion at L4 – S1. “The personal injuries
I sustained were a result of the negligence of the employees of Lojaf (PTY)
Limited trading as Pick n Pay,” she argued.
Shabangu averred that the supermarket’s employees were allegedly negligent in
one or more of the following; they allegedly placed a loose doormat at the
entrance used by customers, allegedly failed to foresee that the loose doormat
would trip customers using the entrance of the supermarket and purportedly
failed to exercise a duty of care to its customers in the circumstances where
they should. The plaintiff submitted that the defendant’s employees were at
all material times acting within the course and scope of their employment. It
was further her contention that before she sustained the personal injuries at
the defendant’s supermarket, she was in the business of making uniforms and
supplying various schools.
She highlighted that her annual income from the business was estimated at E50
000.  “As a result of the injuries I sustained, I have been unable to do
business from 2019 to date. As a result of the negligence of the defendant’s
employees, I suffered damages in medical expenses, pain and suffering, permanent
disability, loss of income from the school uniforms business, future medical
expenses and future loss of income,” argued Shabangu.
Damages
She alleged that the total damages she suffered were in the sum of E1 256
301.67. “Despite numerous demands the defendant has failed, neglected and/or
refused to pay the plaintiff’s claim. The defendant settled only for the
plaintiff’s claim for the value of the glasses and the mobile phone which were
broken when the plaintiff fell on the floor,” reads part of Shabangu’s
particulars of claim. The matter is still pending in court and the defendant is
yet to file its papers. The plaintiff is represented by lawyers from L.M and
Associates.