His Lordship, Hon. Justice Polycarp Hamman of the Portharcourt Judicial division of the National Industrial Court has ordered the Niger Co. Ltd to pay Mr. McDonald Egejuru the sum of N490, 300.00 medical bills, N4, 163, 000.00 for the estimated cost of future treatments; N4,653,300.00 (Four Million, Six Hundred and Fifty-Three Thousand, Three Hundred Naira) as special damages, and N10, 000,000.00 (Ten Million Naira) as general damages for the excruciating pains, trauma and permanent partial incapacity suffered as a result of the firm negligence within 30 days.
The Court held that McDonald’s youthful and productive years had been deployed in serving the firm, that the decision of the firm to terminate claimant appointment after sustaining the life-threatening injuries without paying him terminal benefits was inconsiderate.
From facts, the claimant- Mr. McDonald Egejuru had averred that the firm breached the duty of care that while he was battling with life-threatening situations as a result of the injury sustained when he was shot by the armed robber while on duty, his employer terminated his employment and abandoned him without further treatment, and left medical bills for him to settle with no terminal benefits and in search of better treatment he approached Medical Tourism in India which has put the cost of further treatment at USD 11,500.
In defense, the firm averred that McDonald acted beyond authorization, and immediately after the robbery incident, the Claimant was rushed to Medical Centre in Yenagoa by the firm where he was treated and discharged.
The firm submitted further that the McDonald who is medically fit was requested severally to send any other medical bill outstanding to enable the company insurance to settle same but refused to send any bill that the appointments of all its staff in Port Harcourt including were terminated in 2015 due to lull in its activities in the area which impacted negatively on its finances and no credible evidence to prove that the act or omission of the firm was the cause of the damages allegedly suffered, urged the court to dismiss the case for lacking merit.
In opposition, the McDonald’s counsel, Emmanuel Asido Esq submitted that it was due to the negligence of the firm that put his client in his present state of pains, urged the court to grant the reliefs sought to cushion the pains and loss of pleasure of life.
Delivering the judgment, the presiding judge, Justice Polycarp Hamman held that McDonald has proved his claims for special damages and no indication that the firm paid for the other treatments McDonald received after December 2014.
“It is clear from exhibit CW8 that the Claimant may need to undergo thoracotomy surgery with a view to extracting the bullet/pellets lodged in his chest. Exhibit CW13 (the Imaging/Ultrasound Report of PMC Diagnostic Centre) indicates clearly that there are multiple pellets in the left chest wall of the Claimant.
“The urgency of this surgery cannot be underestimated to help save the life of the claimant, and relieve him of whatever pains he is going through.” Justice Hamman
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