By Alric Lindsay
A recent claim in the Grand Court has revealed that Angeles Capuno Pag-Awayan is suing Everton Matthews for alleged negligence and/or breach of statutory duty under Sections 67 and 68 of the Traffic Act. This lawsuit arises from an incident in July 2023, when Pag-Awayan was struck by a Freightliner M2 driven by Matthews in West Bay. Pag-Awayan is seeking both general and special damages from the court.
According to the claim, on July 4, 2023, Pag-Awayan exited a public bus on Birch Tree Hill Road near Flag Lane in West Bay. As Pag-Awayan nearly crossed to the opposite side of the road, Matthews’ Freightliner M2 collided with Pag-Awayan.
Pag-Awayan allegedly sustained injuries, including a fracture to her left fifth metatarsal, soft tissue injury and pain to the hip and bruising. Additionally, she had psychiatric symptoms.
Reportedly, Pag-Awayan was unable to work as a domestic worker/caregiver for one month after the collision. She will require further absence from work to undergo surgical treatment.
Pag-Awayan alleges that the accident was caused by Matthew’s negligence and/or breach of statutory duty under Sections 67 and 68 of the Traffic Act (2023 Revision).
The reasons for these allegations are as follows:
- Colliding with Pag-Awayan
- Failing to give way to Pag-Awayan as a pedestrian
- Failing to keep a proper lookout
- Failing to drive at a speed and in a manner and at a distance as to be able to stop in an emergency without being involved in an accident/collision
- Failing to exercise due care and attention when using the road and failing to have due regard for the safety of other road users
- Failing to see Pag-Awayan in time or at all
- Failing to manage the vehicle to be able to stop within the limit of vision available at any given time
- Failing to drive in a way to avoid the possibility of collision with any other road user, irrespective of the relative size or condition of the road
- Failing to stop, to slow down, to swerve, or do anything to manage or control his vehicle to avoid an accident
- Failing to steer or control his vehicle to avoid an accident
- Acting recklessly with disregard for the safety of others
- Failing to exercise reasonable skill and care to be expected of a reasonably
- Acting recklessly with disregard for the safety of others
- Failing to exercise reasonable skill and care to be expected of a reasonably skilful and careful driver in the circumstances
- Failing to apply his brakes, whether in time or at all; and
- Failing to comply with the Road Code.
Pag-Awayan is now asking the Court to award general and special damages for loss of income, medical treatment, gratuitous care, travel costs, other expenses, interest and costs.
