REGINALD BANNERMAN v. SADIQ BANDA
November 8, 2011
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP, JUSTICE UUTER PAUL DERY
Areas of Law
- Tort Law
- Evidence Law
November 8, 2011
HIGH COURT
GHANA
CORAM
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On 25-11-2009, the plaintiff herein issued a writ in this court claiming from the defendant the following reliefs:
1. Special Damages:-
a. Expenses in Ghana
(i) Korle-Bu Teaching Hospital - GH¢248.00
(ii) 37 Military Hospital - GH ¢011.00
GH ¢259.00
b. Expenses in South Africa
(i) Cape Town Kaapstad Medi-Clinic - R 987.05
c. Expenses in United Kingdom
(i) The Wellington Hospital - £ 12,205.00
(ii) Cost of stay for sixteen (16) weeks - £ 03,200.00
(iii) Transportation within United Kingdom - £ 00.416.00
to and from the Hospital
(iv) Plane fare - £ 03,000.00
2. General Damages
a. Pain and suffering - GH ¢050,000.00
b. Loss of earnings resulting from the injury - GH ¢100.000.00
c. Permanent functional impairment/incapacitation - GH ¢100,000.00
GH ¢250,000.00
d. Costs
The case of the plaintiff is that he went to the Cinderella Night Club at Cantonments, Accra, on 08-12-2006, for casual entertainment. While there, he received a call on his mobile phone but because of the noisy atmosphere he decided to walk outside to take the call. At the entrance of the night club, he was suddenly and unexpectedly met with bottles and drinking glasses flying in his direction. One of the drinking glasses came straight towards him so he impulsively stretched up his right hand to protect himself and got hit in his right hand palm and his hand immediately felt numb and started bleeding profusely. He then got to know that it was the defendant who recklessly threw the said drinking glass.
The plaintiff says he was rushed to the 37 Military Hospital for treatment. After an initial intensive care and treatment, he was referred to the Plastic Surgery Unit of the Korle-Bu Teaching Hospital for further treatment and surgery. The assessment of the doctor at Korle-Bu showed that he had sustained a complete division of the median nerve and a complete division of the tendons to the index and middle fingers. As a result, he could not flex his thumb and index finger and sensation to touch on radial three and half digits was negative. The plastic surgeon, based on this assessment, performed surgery under anesthesia on his injured hand.
On 02-01-2007, the surgeon permitted the plaintiff to travel to South Africa. Soon after his arrival in South Africa, the plaintiff says he experienced severe pain and, after consulting a medical officer, it was disclosed that the plaintiff’s hand had become seriously infected. The wound was thus cleaned and dressed and it was recommended
AI Generated Summary
This negligence action arises from a December 8, 2006 incident at the Cinderella Night Club in Cantonments, Accra. During a dispute with Fezal and others, the defendant threw bottles and glasses; one glass struck the plaintiff’s right palm, causing severe injury. The plaintiff received emergency care at 37 Military Hospital and surgery at Korle-Bu Teaching Hospital, travelled to South Africa where an infection was discovered, and was referred to the United Kingdom, where he underwent further surgery at The Wellington Hospital and the London Hand and Wrist Unit. Consultant Mr. G. Bantick FRCS (Plast) confirmed permanent functional impairment. Applying established negligence standards, Justice Uuter Paul Dery found the defendant liable and awarded strictly proven special damages for medical expenses (Ghana, South Africa, UK), limited transport costs, denied plane fare and maintenance for lack of proof, and granted general damages for pain and suffering, loss of earnings, and permanent impairment, totaling GH¢100,000 plus GH¢5,000 costs.