By Landing Ceesay
Hon. Justice Ebrima Jaiteh of the High Court has issued a consent judgment requiring the National Water and Electricity Company (NAWEC) to compensate Eduwar Daffeh, a nurse, for damages incurred when an electric cable wire entangled him while he was riding his motorcycle in 2019.
On October 2, 2020, a writ of summons was filed by the Plaintiff, Mr. Eduwar Daffeh, a native of Sukuta and a Nurse Field Assistant at the Medical Research Council (MRC) in the DCE (PamGen) Unit in Basse, Upper River Region (URR).
Mr. Daffeh explained that he works with the Medical Research Council (MRC) in Basse and regularly travels from Basse MRC to his post in Sotuma Sere village to perform his duties.
Mr. Daffeh recounted that on November 25, 2019, while NAWEC workers were on duty at Allunhare Community Clinic fixing the electric cable wire that crossed the road, the cable suddenly fell and hooked him while he was riding his motorbike.
As a result, Mr. Daffeh fell heavily on the main road, sustaining injuries.
Mr. Daffeh stated that NAWEC workers did not display any notice or signboard along the Basse-Banjul highway to indicate that they were working, which is the usual practice to warn the public of potential danger.
Mr. Daffeh emphasized that he was unaware that NAWEC workers were present that day, and while riding his motorbike, their cable wire fell on him.
Fortunately, Mr. Daffeh was wearing a helmet on the day of the incident, which provided some protection when the cable wire hooked and entangled him with his motorbike.
The Plaintiff stated that, as a result of the incident, he sustained both internal and external injuries, including a fracture below the knee on his right leg and multiple bruises.
Mr. Daffeh presented X-ray images of his fractured and stitched leg as evidence.
He recounted that NAWEC workers on duty during the accident, in the presence of Morrow Jabbi and Musa Fofana, lifted him, placed him in a NAWEC vehicle, and rushed him to Basse Health Center for medical treatment.
The police visited the accident scene, where Mr. Daffeh made a statement, and a Police Report was issued. This report was also submitted as evidence.
Mr. Daffeh explained that due to the severity of his injuries, Basse Health Center referred him to MRC Fajara and then to Edward Francis Small Teaching Hospital (EFSTH) in Banjul for further treatment.
At EFSTH, he was admitted to the Accidents and Emergency Ward, underwent surgery, and received stitching and plastering for his fractured leg.
He further noted that during his stay at EFSTH, he developed additional health complications due to the initial injuries and was hospitalized in the Intensive Care Unit (ICU) for six days before being transferred back to the Accident and Emergency Ward.
Mr. Daffeh spent 30 days at EFSTH receiving treatment before being discharged. A Medical Report documenting this was produced and submitted as evidence.
He asserted that NAWEC never visited him during his hospitalization or after his discharge, nor did they offer any sympathies.
In January and February 2020, Mr. Daffeh sent two letters to NAWEC demanding compensation. NAWEC responded in April 2020, denying liability and refusing to pay any compensation. These letters were also presented as evidence.
Mr. Daffeh emphasized that NAWEC abandoned him from the moment he was taken to Basse Health Center, through his transfer to MRC Fajara, his 30-day stay at EFSTH, and his return home to Sukuta.
He accused NAWEC of neglect and a lack of sympathy for the ordeal he and his family endured, causing severe mental and emotional distress.
Mr. Daffeh attributed the accident to NAWEC’s negligence, resulting in a lifelong deformity of his right leg.
He sought D4,500,000.00 (Four Million Five Hundred Thousand Dalasis) in special damages for the fracture and deformity of his right leg and D2,000,000.00 (Two Million Dalasis) in general damages for the mental and emotional trauma experienced by him and his family.
In total, Mr. Daffeh demanded D6,500,000.00 (Six Million Five Hundred Thousand Dalasis) for special and general damages and D650,000.00 (Six Hundred and Fifty Thousand Dalasis) for legal costs.
In their defense, NAWEC denied the Plaintiff’s allegations.
NAWEC stated that the standard procedure for connecting an overhead electricity cable involves turning off the electricity supply for safety and having a staff member on guard to warn and direct traffic. They argued that signboards are only used for longer-term projects, like digging trenches for water pipes, not for brief tasks like lifting an electricity cable.
On November 25, 2019, NAWEC asserted that the electricity supply was turned off, and four workers were stationed on the highway to direct traffic. They claimed Mr. Daffeh approached at high speed and ignored warnings from both the workers and a nearby police officer to slow down and stop.
NAWEC contended that Mr. Daffeh’s failure to stop led to his collision with the cable, which was being lifted a few feet off the ground, causing his fall and injuries.
They maintained that the accident was due to Mr. Daffeh’s reckless riding and that the injuries sustained were his own fault.
During the pre-trial conference, both parties’ documents were admitted into evidence, and the trial began.
The Plaintiff, as PW1, adopted his affidavit of witness statement as his evidence in chief and was cross-examined by the defense counsel. During cross-examination, the matter was referred to mediation on May 30, 2024, for an amicable settlement.
The parties agreed to settle out of court and entered into consent terms. Counsels for both parties filed the consent terms dated July 8th and filed on July 10th, 2024.
“It is agreed by the parties for the consent terms to be adopted as consent judgment. Now, therefore, this Honorable Court hereby enters Consent Judgment between the parties as agreed in the following terms: That Judgment is hereby entered for the Plaintiff in the sum of D1, 800, 000.00 (One Million Eight Hundred Thousand Dalasis). The Defendant shall pay the Judgment sum on or before the 12th day of July 2024 to the Plaintiff’s Bank Account held at Trust Bank with Account Number 110****** and BBAN Number: 002*************. There shall be no order as to Cost,” Hon. Justice Jaiteh delivered his judgment on the matter.