WOMAN (73) FALLS, SUES PICK N PAY E1.25M

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.

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