Woman slips, sues for 800k
A woman is suing a Walvis Bay shop for N$800 000, alleging that she suffered serious injuries to her left hip and knee after slipping on a wet floor three years ago.
The company she is suing, Edgars Stores Namibia trading as Jet Stores Namibia, has strongly denied all the allegations, including that the woman had slipped or that the shop had a wet floor on the day in question in June 2016.
Martha Sabina Madisia (63) is suing the retailer for N$804 927.99 for damages based on her claim that staff acted negligently in June 2016 when she allegedly slipped on the wet shop floor and sustained “serious bodily injuries”.
Yesterday High Court Judge Hannelie Prinsloo postponed the case to 7 November and ordered the parties to engage in mediation to see if the case could be settled by that date.
Meanwhile, papers filed by the defendants accuse Madisia of having launched a “frivolous and vexatious” lawsuit in order to “extort money” from the company.
Moreover, they stressed that Madisia never reported the incident to staff and further that the floor was not wet and Madisia never slipped.
Their papers state Madisia has “pre-existing injuries and medical conditions in respect of her knees, hips and joints that predated the alleged incident in any case. The plaintiff also had degenerative changes in respect of her hips, femur and acetabulum.”
Pricey slip
Madisia is asking the court to order the retailer to pay her N$500 000 for the pain, suffering and trauma she endured as a result of the fall and subsequent injuries. She informed the court that as a result of the fall she now “continues to suffer limited but permanent general disability”.
She is asking for a further N$4 927.99 for medical expenses incurred, and N$300 000 for future medical expenses, in addition to the costs of the suit.
Edgars in turn argues that even if she had fallen on the floor, asking the company to pay more than N$800 000 to cover alleged medical expenses of N$4 927.99 was merely an attempt to wrest money from the retailer.
Madisia accuses the Jet Stores staff of having failed to take reasonable steps to ensure public safety. Furthermore, they failed to “warn the public of the danger of the wet floor” and “failed to ensure the floor was free of water or slippery fluids”.
The defendant dismissed these allegations “with the contempt it deserves” and demanded that Madisia provide proof. The company further noted that the shop has a standard policy to safeguard the public on its premises, which includes regular floor inspections and instructions that staff remain at the spot when they notice any wetness, until the area is secured and cleaned. Moreover, luminous warning signs are placed at areas where the floor is wet.
Madisia is represented by Rachel Mondo of Nixon Marcus Public Law Office, while Samuel Philander of LorentzAngula Inc. has stepped in for the retailer.
Brief
Although Namibian Sun was unable to conclusively establish a definite link, there was a similar lawsuit in 2014. In that case, one 'Martha Sabina Madisia' lost a N$3 million civil claim against a doctor she had accused of botching a foot operation. The lawsuit was dismissed after the court found that the plaintiff, Madisia, had failed to prove her allegations that the doctor had acted negligently.
In that case, Madisia, who Namibian Sun could not confirm was the same person that has brought the current case, claimed that she continued to suffer pain after the alleged botched operation, including “claw toes”.
JANA-MARI SMITH
The company she is suing, Edgars Stores Namibia trading as Jet Stores Namibia, has strongly denied all the allegations, including that the woman had slipped or that the shop had a wet floor on the day in question in June 2016.
Martha Sabina Madisia (63) is suing the retailer for N$804 927.99 for damages based on her claim that staff acted negligently in June 2016 when she allegedly slipped on the wet shop floor and sustained “serious bodily injuries”.
Yesterday High Court Judge Hannelie Prinsloo postponed the case to 7 November and ordered the parties to engage in mediation to see if the case could be settled by that date.
Meanwhile, papers filed by the defendants accuse Madisia of having launched a “frivolous and vexatious” lawsuit in order to “extort money” from the company.
Moreover, they stressed that Madisia never reported the incident to staff and further that the floor was not wet and Madisia never slipped.
Their papers state Madisia has “pre-existing injuries and medical conditions in respect of her knees, hips and joints that predated the alleged incident in any case. The plaintiff also had degenerative changes in respect of her hips, femur and acetabulum.”
Pricey slip
Madisia is asking the court to order the retailer to pay her N$500 000 for the pain, suffering and trauma she endured as a result of the fall and subsequent injuries. She informed the court that as a result of the fall she now “continues to suffer limited but permanent general disability”.
She is asking for a further N$4 927.99 for medical expenses incurred, and N$300 000 for future medical expenses, in addition to the costs of the suit.
Edgars in turn argues that even if she had fallen on the floor, asking the company to pay more than N$800 000 to cover alleged medical expenses of N$4 927.99 was merely an attempt to wrest money from the retailer.
Madisia accuses the Jet Stores staff of having failed to take reasonable steps to ensure public safety. Furthermore, they failed to “warn the public of the danger of the wet floor” and “failed to ensure the floor was free of water or slippery fluids”.
The defendant dismissed these allegations “with the contempt it deserves” and demanded that Madisia provide proof. The company further noted that the shop has a standard policy to safeguard the public on its premises, which includes regular floor inspections and instructions that staff remain at the spot when they notice any wetness, until the area is secured and cleaned. Moreover, luminous warning signs are placed at areas where the floor is wet.
Madisia is represented by Rachel Mondo of Nixon Marcus Public Law Office, while Samuel Philander of LorentzAngula Inc. has stepped in for the retailer.
Brief
Although Namibian Sun was unable to conclusively establish a definite link, there was a similar lawsuit in 2014. In that case, one 'Martha Sabina Madisia' lost a N$3 million civil claim against a doctor she had accused of botching a foot operation. The lawsuit was dismissed after the court found that the plaintiff, Madisia, had failed to prove her allegations that the doctor had acted negligently.
In that case, Madisia, who Namibian Sun could not confirm was the same person that has brought the current case, claimed that she continued to suffer pain after the alleged botched operation, including “claw toes”.
JANA-MARI SMITH
Comments
Namibian Sun
No comments have been left on this article