By Gabriel Enogholase
BENIN—A N100 million suit has been instituted against the Nigerian Bottling Company Plc and one of its drivers, Mr. Zachariah Kwache, by Mr. Sunday Agbonavbare, a friend of Master Michael Asemota,14, as general and special damages suffered by the latter following a head injury he sustained in a motor traffic accident caused by the driver of the company.
Also joined in the suit is Dr. Victor Akhabue, former Medical Director of Central Hospital, Benin and now Medical Director of Narrow Way Clinic, also in Benin.
In the writ of summons filed at a Benin High Court by Dr. Frank Irumhekha, counsel to the plaintiffs, the plaintiffs’ claim of N100million against the defendants was to ameliorate the excruciating pains, sufferings and loss of amenities of life and future risks arising/resulting from head injury sustained by Master Asemota in a motor accident caused by the negligent driving of Mr. Zachariah Kwache, one of the drivers in the employment of the Nigerian Bottling Company Plc.
Mr. Kwache was said to have negligently drove the second defendant’s Mercedes Benz Trailer with Registration Number XA 353 FKJ on March 2, 2008, along the Benin/Sapele road, in the state capital.
The claim, according to the plaintiff, is also for negligence and shoddy treatment in the management of Master Michael Asemota by the defendants at the Central Hospital Benin and at the 3rd defendants’ Narrow Way Clinic from the 2nd of March to 5th of March 2008; and 5th of March to 15th of March, 2008 respectively.
In a 13-paragraph affidavit in support of the suit, the plaintiff held that Dr. Akhabue, who is the 3rd defendant, negligently and poorly managed the accident victim with severe head injury and later transferred the victim, Master Michael Asemota, from the Central Hospital to his Narrow Way Clinic where he rendered medical services on retainership to the NBL Plc instead of referring him to a tertiary hospital in Benin City.
The plaintiffs held that the resultant inaction and/or omission and negligence of Dr. Akhabue , added “more insults” to the head injury.
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