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Munsami was driving his car registration number CB 713 from Nausori to wards Suva. He was travelling at 80kmph on 50kmph zone. At koronivia a taxi driven by Ram Raji of Koronivia, Nausori and owned by Pheonix Taxis Limited came out of Koronivia Road which is a side road and collided with the taxi. The registered number of the taxi was LT 333.
The accident happened on the king's road at Koronivia on 7th May, 2011.
A passenger sitting in the rear seat of the taxi suffered a fracture on her arm and was hospitalised for a day. Her arm was placed in a plaster of paris for a period of 6 weeks. She could not work for three weeks. Her weekly wages were 100.00 dollars.
This passenger Emma Lagilevu comes to you seeking advice to see if she can bring personal injury claim.
Answer the following questions briefly.
1. Who will be the plaintiff?
2. Who will you sue as defendants and why?
3. In which court would you file the proceedings and why? Refer to relevant orders of the Magistrate court rules.
4. What searches would you need to carry before drafting your statement of claim?
5. Discuss briefly the principles of the substantive law involved?
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