85-year-old accident victim loses case against driver

An 85-year-old Karoi tobacco farmer, Cleopas Matenga, has failed in his High Court bid to have a motorist charged with culpable homicide two years after being struck in a road traffic accident. Matenga also sought US$108,766 in compensation for injuries sustained during the incident.

The accident occurred on September 10, 2023, at around 1:00 pm along the Harare-Chirundu Highway near the Magunje turn-off, when Matenga attempted to cross the road and was hit by a vehicle driven by Amanda Zietsman.

Matenga's claim, filed in September 2024, sought US$43,766 for medical expenses, US$5,000 for future medical and rehabilitation costs, and 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.

Zietsman, however, denied liability, contending that Matenga suddenly dashed into the road, creating an unavoidable emergency even for a prudent driver. Her lawyers, Paidamoyo Saurombe and Diana Kawenda, added that Matenga may have been inattentive or "absent-minded" while crossing.

During the trial, Matenga testified that he was crossing the road to check if his brother's vehicle had arrived when he was struck and lost consciousness, only regaining it later in hospital. He described ongoing injuries and said the accident had affected his ability to work.

After the plaintiff closed his case, Zietsman applied for absolution from the instance. High Court Judge Joel Mambara granted the application, ruling that police evidence failed to demonstrate any actionable negligence or evidence of speeding on Zietsman's part.

"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, and loss of amenities," Judge Mambara said. He noted that Matenga provided no proof of pre-accident earnings, farm accounts, tax records, or estimates to substantiate his claims.

The judge concluded that without baseline income data or evidence of post-accident incapacity, claims for lost income were purely speculative. "In the result, the defendant's application for absolution from the instance is granted. The plaintiff's claim is hereby dismissed in its entirety," he ruled.

Matenga was also ordered to bear the costs of the proceedings.