The suit signed on March 2, stated that the truck with registration number AS 1544-16 was torn to pieces of scraps destroying all 144 cartons of tomatoes and other goods on board.
It said the defendant is vicariously liable for the negligence conduct of its driver, who died along with about 61 other persons.
It said the plaintiff bought the truck and redesigned it at a total cost of GH₵313,177.00 and was left with a balance of Gh¢50,000.00 to be paid to the owner one Kwabena Owusu Ansah, hence the truck was still in his name.
The plaintiff has also indicated that the day of the incident was the fourth week of operation of the truck which earned him a weekly income of GH¢9, 500.00.
It said “the defendant’s driver now deceased was travelling on excessive speed and beyond the speed limit imposed by law and failed to slow down while negotiating a sharp curve”.
“The defendant’s vehicle without due care and attention entered into the lane of the plaintiff’s vehicle in an attempt to overtake a vehicle ahead of it. Whiles still on top speed it collided head-on into the plaintiff’s truck resulting in the damage of the plaintiff’s truck, the loss of the cargo it carried and the loss of lives and very serious injury to one of the driver-mates,” it said.
According to the suit the conduct of the defendant’s driver has caused the plaintiff a monumental loss which the defendant was liable for and as such was claiming general damages for the negligence driving of the defendant’s employee resulting in the plaintiff incurring losses.
The damages include recovery of an amount of GH¢313,177.00 representing the total cost of the truck, interest on the said amount from February 17 to date of final payment and recovery of the cedi equivalent of the amount of CFA 15,000.00 and GH¢2,500.00 which were cash sums lost as a result of the accident.
The plaintiff was also claiming damages of weekly income on GH¢9,500.00 representing lost income from February 17 to date of final payment, interest on the said amount from February 17 to date of final payment, cost involving legal fees, and any other reliefs.