AN EIGHTY-FIVE-year-old man from Karoi has failed in his High Court bid to have a motorist, who hit him with charged with culpable homicide charges two years later.
The Karoi man, who is also a tobacco farmer, Cleopas Matenga, also sought US$108 766 in compensation for injuries sustained during the accident.
In his application, Matenga cited the motorist, Amanda Zietsman, as the defendant.
The claim arose from a road traffic accident on September 10, 2023 at around 1300 hours, along the Harare-Chirundu highway (near Magunje turn off).
Matenga was struck by a motor vehicle driven by Zietsman when he attempted to cross the road.
Matenga subsequently issued summons in September 2024, claiming a total of US$108,766 as damages.
The claim was split as US$43,766 in medical expenses, US$5,000 in future medical and rehabilitation costs, US$55,000 for alleged past and future loss of earnings as well as loss of amenities of life.
He argued that Zietsman's negligence caused the accident.
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Zietsman denied liability, and argued that she had exercised reasonable care.
Zietsman’s position was that Matenga suddenly dashed into the roadway, creating an emergency that even a prudent driver could not have avoided.
The matter proceeded to a full trial before High Court Judge Justice Joel Mambara.
After Matenga closed his case, Zietsman applied for absolution from the instance.
Matenga testified that on the day in question he was standing at the bus stop and decided to cross the road to check if his brother’s vehicle had arrived.
Midway across, he was struck by Zietsman’s vehicle and lost consciousness, only regaining it later in the hospital.
Matenga described the injuries sustained, adding that he is still on medication and that the accident has affected his ability to work.
Zietsman’s lawyers Paidamoyo Saurombe and Diana Kawenda argued that Matenga must have been inattentive or “absent minded” while crossing.
The judge said police evidence failed to demonstrate any actionable negligence by Zietsman, or evidence of speeding.
"The medical expenses were not borne by the plaintiff, and there was a complete evidentiary vacuum regarding the plaintiff's alleged loss of earnings and general damages, pain, suffering, loss of amenities,” the judge ruled.
"In light of this state of proof, the defendant argues that no reasonable court could find in the plaintiff’s favour on liability or damages.”
The judge also said there was no justification for the claim.
"The medical report made no mention of any specific future expenses or their likely cost,” he said.
“On loss of earnings US$30,000, the plaintiff claimed a large sum for lost income, yet provided no proof of his pre-accident earnings, no tax records, no farm accounts, not even an estimate of yield or pricing to show how the figure was arrived at.
“Without baseline earnings data and post-accident incapacity evidence, a claim for lost income is purely speculative.”
The judge said the court had established no case of negligence against Zietsman.
"In the result, the defendant’s application for absolution from the instance is granted,” the judge said.
“The plaintiff's claim is hereby dismissed in its entirety.
“The plaintiff, who dragged the defendant to trial on a manifestly ill-conceived case, shall bear the costs of these proceedings.”
