11-year legal battle ends as nurses win $402k compensation

Three nurses injured in a crash on the way to Cogeloa Nursing Station in Macuata in June 2015 have finally secured compensation.

They were final year student nurses when the accident happened.

Usebia Ciba, Anaseini Diroko and Rosa Raivukici Tunabuna, then students at the Sangam School of Nursing, suffered serious injuries. Diroko also lost her unborn child in the crash.

The Supreme Court of Fiji last Thursday upheld a Court of Appeal judgment, confirming the college must pay a total of $402,000 in compensation for injuries, emotional distress, trauma and related losses.

Then India Sanmarga Ikya (TISI) Sangam, trading as the Sangam Institute of Technology (Sangam School of Nursing), had contracted a private transport provider owned by Gordon Leewai and driven by Bale Lee.

Justice Lowell Goddard dismissed TISI’s appeal and ordered that compensation be paid to the respondents.

The students were travelling in an eight-seater Toyota van to the nursing station outside Labasa for a practical attachment when the vehicle veered into a large drain and struck a culvert.

The matter was first heard in the High Court in Labasa on August 7, 2020, where the private transport contractor was ordered to pay compensation.

However, as the contractor was impecunious and uninsured, the order was of no benefit to the respondents, who then pursued a claim against TISI. That claim was initially dismissed.

The respondents successfully appealed to the Court of Appeal on September 27, 2024, which found the college owed a non-delegable duty of care.

The court ordered the college to pay the compensation previously awarded against the contractor and driver, finding the college negligent in its duty of care.

The court found the van was not licensed for commercial use and lacked seatbelts in the rear seats, despite being paid monthly by TISI for transport services.

It was also found that Lee was driving at excessive speed, lost control of the vehicle, which overturned and struck a culvert.

Ciba and Diroko were thrown through the windscreen, while Tunabuna was injured inside the vehicle on impact.

Vehicle without proper seatbelts

The court noted that proper seatbelts could have prevented the severe injuries. The driver, who was wearing a seatbelt, escaped serious harm.

Lee was convicted of dangerous driving causing bodily harm and sentenced to five months’ imprisonment.

The bachelor’s degree in nursing requires attendance at multiple locations for clinical training.

Ciba suffered a pelvic fracture and bladder rupture and underwent 19 surgeries.

Lawyer Mohammed Hussain of Sarju Prasad Esquire represented the three victims.

11-year wait over

Ciba said the outcome brought relief after a long legal battle that had significantly affected their lives.

She said they endured years of emotional stress and trauma while pursuing justice.

"I thank our lawyer who continued to support us legally fight and deny our perpetrator a free way for the many years of struggle we faced," she said. 

Tunabuna said she was grateful to have survived and to see justice delivered.

All three are now married. Ciba is a permanent nurse at Labasa Hospital, Tunabuna works at Nabouwalu Hospital, and Diroko is based at Savusavu Hospital.