RAPAPORT... Widows of Netsai David Matsika, who died during his shift at Mbada Diamonds in Zimbabwe, have sued the mining firm for $700,000, citing loss of support, pain and suffering. Lawyers for the plaintiff alleged that on December 18, a truck ran over Matsika while he was performing his security officer duties at the mine, according to the state-run Herald. The plaintiffs seek $500,000 for the loss of financial support and $200,000 for pain and suffering.
Mbada Diamonds denied that Matsika's death was caused by the truck driver, arguing that the deceased failed to keep a look out and had ventured into a restricted area.
The Herald wrote, "The deceased recklessly, negligently and irresponsibly ignored all safety and precautionary measures . . . of a reasonable person in the circumstances," according to Mbada's response. Mbada further argued that dump trucks at the mine are large and slow moving, thus Matsika had plenty of time to move out of the way.
"The deceased's failure to move himself from the path of the machinery squarely puts the cause of the accident on the deceased," The Herald wrote on behalf of the defendant.