News / Local
Man loses fingers at Chinese factory
19 Jun 2024 at 07:35hrs | Views
A man from Harare is pursuing legal action against Chinese tile manufacturer Sunny Yiefeng, seeking compensation following a workplace accident that resulted in the loss of his fingers. Actor Tinashe Chitiki, a former machine operator at Sunny Yiefeng's tile manufacturing plant in Norton, claimed his fingers were crushed when a machine suddenly started without warning.
In his lawsuit, filed on July 16, 2021, Chitiki demanded US$15,000 for pain and suffering due to his injuries, along with an additional US$15,000 for the loss of future earnings. He named Sunny Yiefeng and the National Social Security Authority (Nssa) as respondents.
Sunny Yiefeng argued in court that Chitiki's injuries were a result of his own negligence, stating that he improperly inserted his hand into a jammed sawmill without proper instructions, resulting in the accident.
Regarding Nssa's involvement, Chitiki sought to include them in the case, claiming they failed to ensure his registration and coverage under their authority, which would have provided compensation under statutory regulations rather than through common law.
However, Justice Benjamin Chikowero dismissed Chitiki's application to include Nssa in the lawsuit, criticizing his legal representation's handling of the case. The judge ruled that the application for joinder was filed inappropriately, and instead of proceeding with the case, Chitiki's lawyer should have withdrawn the application, citing wasted costs.
Justice Chikowero expressed disappointment in the legal counsel's conduct, stating it burdened the court's resources unnecessarily. Despite these findings, the judge did not impose punitive costs on Chitiki, noting that his legal representatives' actions should not penalize him.
In conclusion, the court dismissed Chitiki's application to include Nssa in the lawsuit and ordered him to pay Nssa's costs for the suit.
In his lawsuit, filed on July 16, 2021, Chitiki demanded US$15,000 for pain and suffering due to his injuries, along with an additional US$15,000 for the loss of future earnings. He named Sunny Yiefeng and the National Social Security Authority (Nssa) as respondents.
Sunny Yiefeng argued in court that Chitiki's injuries were a result of his own negligence, stating that he improperly inserted his hand into a jammed sawmill without proper instructions, resulting in the accident.
Regarding Nssa's involvement, Chitiki sought to include them in the case, claiming they failed to ensure his registration and coverage under their authority, which would have provided compensation under statutory regulations rather than through common law.
However, Justice Benjamin Chikowero dismissed Chitiki's application to include Nssa in the lawsuit, criticizing his legal representation's handling of the case. The judge ruled that the application for joinder was filed inappropriately, and instead of proceeding with the case, Chitiki's lawyer should have withdrawn the application, citing wasted costs.
Justice Chikowero expressed disappointment in the legal counsel's conduct, stating it burdened the court's resources unnecessarily. Despite these findings, the judge did not impose punitive costs on Chitiki, noting that his legal representatives' actions should not penalize him.
In conclusion, the court dismissed Chitiki's application to include Nssa in the lawsuit and ordered him to pay Nssa's costs for the suit.
Source - newsday
