Civil Law Court ‘B’ Judge Scheaplor R. Dunbar has dismissed a motion filed by lawyers representing the National Social Security and Welfare Corporation (NASSCORP) asking the Court to dismiss a petition for declaratory judgment earlier filed against the Corporation by accident victim Christina N. Wilson.
The victim on 19 April 2018 sued NASSCORP for allegedly refusing to honor medical advice to send her back to Ghana for a review of her condition, thus requesting the Court for a declaratory judgment to declare her rights as an insured of NASSCORP.
In dismissing NASSCORP’s motion Friday, 1 June, Judge Dunbar ordered that the petition for declaratory judgment filed by Victim Wilson be proceeded with based on regular notice of assignment.
The Judge’s decision to dismiss the Corporation’s motion was due to its failure to appear, citing Section 10.7 of the Civil Procedure Law (Default on Motion).Madam Wilson, who says she is insured by NASSCORP, complains that while on job at the Liberia National Red Cross Society (LNRCS), she was on December 21, 2012 involved in a fatal road accident on the Monrovia-Bomi highway in which she sustained multiple injuries.
According to her, following the accident, investigation was conducted at the accident scene by the Liberian National Police traffic division and the operator of the truck that hit her, Mr. Mohammed Keita was held liable for the accident.
Madam Wilson says being that she was insured under NASSCORP’s insurance policy, her health condition was referred to NASSCORP for medical coverage.She says immediately after the accident, she became unconscious and was taken to state – run John F. Kennedy Medical Center in Sinkor, where she was advised by doctors to seek advanced CT scan and thoracotomy oversea.
The accident victim adds that NASSCORP being cognizant of its insurance policy communicated with Dr. William Ankobah of Bennah Royal Hospital in Accra, Ghana.
She avers that she was introduced to the medical doctor by NASSCORP as an insured of insurance company who was involved in a road accident that resulted in the dislocation of her right stenoclavicle, hem thorax and ribs fracture.
Madam Wilson points out that after her heart surgery was performed by the heart surgeon, she was given the required heart treatment. After the application of her medication, she says the heart surgeon advised and recommended that she should return to Ghana after three months for medical examination and treatment.
But she complains that since her return from the surgery in Ghana, she has not returned there as per the advice of the heart surgeon.She says she formally communicated with NASSCORP reminding it of the doctor’s recommendation for her to appear for further examination and treatment but the corporation has allegedly failed to make a decision on her case.
When she sued the Corporation in April this year, the Corporation filed its resistance along with a motion to dismiss victim Wilson’s petition.As a consequence of the hearing of the motion to dismiss, victim Wilson’s lawyers requested the Court on 28 May for a notice of assignment for the parties to appear on Friday, 1 June at 8:30 am.
But the victim’s counsels found that from the inspection of the records before the Court, there was no showing that NASSCORP did file any excuse to the Court to justify its inability to be in court as per the notice of assignment.
The Victim’s counsel invoked Chapter 10 Section 10.7 captioned “Default on Motion” due to the failure of the movant to show its justifiable action from Friday’s proceedings.
By Winston W. Parley