Mrs Olaitan Lawal (claimant), an accident victim who was knocked down on April 16, 2010 by Guinness Nigeria Plc Nissan Pick-Up Van around Shonibare Estate Maryland, Lagos, has instituted an action before Ikeja High Court, Lagos, claiming sum of N155, 534,300 million as damages against Guinness Nigeria Plc (1st claimant) for negligence of the vehicle driver, an employee of the company.
In the suit, one Mr Emmanuel, a driver with Guinness who knocked down the claimant is joined as 2nd defendant.
In her statement of claim on suit No ID/525/2011 before Justice Bola Okikiolu-Ighile, the claimant who is an employee of Landcraft Industries Limited, Ikorodu, Lagos stated that on the aforementioned fateful day while she was on her way to her office, the Nissan Pick-Up Van driven by Emmanuel veered from its side of the street to other side she was walking and knocked her down, adding that with force, she was thrown from the ground into the nearby gutter
She stated that the fatal accident resulted in loss of one of her teeth and a broken left thigh bone called femur. She submitted that she was rushed to Guinness Clinic situate within the factory premises at Oba Akran Avenue, Ikeja and was later taken to Ultima Medicare Hospital, Palmgroove Estate which the brewing company retainers as its clinic
The claimant averred that the thigh bone surgery and artificial tooth installation were carried out by different medical specialist hospitals where the 1st defendant has retainer ship.
Furthermore, with the bone surgery and installation of artificial tooth, she has been unable to use her left leg and her tooth naturally again, pointing out that the cosmetic tooth and femur bone reinforced with nitrogenous metal plate screwed to the bone, presents continuous intermittent pain and permanent inconvenience.
Mrs Lawal claimed that while she was recovering from the shock of her new health condition, the 2nd defendant who knocked her down began to pester her by urging her to leave the hospital and go home in order for him to retain his job with Guinness.
She averred that with all the pains and sufferings she was going through coupled with her abandonment in the hospital as nothing was forth coming from the brewing company, she instructed a legal firm through her husband Mr Lanre Lawal to officially write the 1st defendant about the accident, pointing out that the company did not even report the accident to the police, contrary to law.  In the letter, she also demanded compensation for recklessness and negligence of Emmanuel, the 2nd defendant which led to loss of her tooth and normal use of her left leg, occasioning her  permanent disability and loss of amenities of life.
She submitted that instead of replying the letter, Guinness withdrew all assistances to her, stressing that she had to depend on the services of private medical doctors and specialists to take care of her so as to avoid relapse of her health. Besides, she claimed that the serious injury which she sustained and which kept her out of work for several months has caused her employer to stop payment of her salary as secretary and purchasing officer, adding that her employer has engaged the services of another person to take over her work
It was the claimant’s submission that all efforts and appeals made to her employer to retain her and allow her to return to work if she regains her health proved abortive as her state of health has betrayed her desire and intention to retain the job, expressing that she is now jobless.
She averred that the 2nd defendant negligence which resulted in an accident that made her lose one of her teeth and broken thigh has caused her continuous and serious pain and suffering, loss of enjoyment of life, diminution of expectation of life, future prospective of ongoing medical expenses due to gross carelessness and dastardly unprofessional conduct of the 2nd defendant and his employer.
Stating the particulars of negligence, it was claimed that Emmanuel failed to stop, slow down or swerve to any other way so as to control the Nissan Pick-Up Van to avoid hitting the claimant. It was said that in an effort to pick his hand set which fell onto the floor of the vehicle, it resulted in a loss of concentration by the 2nd defendant who swerved and veered blindly onto the other lane where the vehicle hit the claimant as she was walking.
Besides, failure to keep proper watch on the street and concentrate on driving, resulted in the distraction which made him to loose control while the vehicle was in motion.
Consequently, the claimant pleads negligence and prayed the court for a declaration that the 1stdefendant company is vicariously liable for the negligence of the 2nd defendant who is its employee. She further prayed for claim of the sum of N155, 534,300 as special and general damages against the defendants.
Meanwhile, the defendants are yet to file their defence as at the time this report was filed.  The matter came up first time for mention and was adjourned till December 13 for further direction.