Bus operator liable for damages claim by passenger, 81, in negligence case

GREYHOUND has been found liable for the injuries suffered by an 81-year-old Howick, KwaZulu-Natal, woman who fell from the step as she tried to get on a bus.

Ann Fitschen claimed R540 000 in the North Gauteng High Court in Pretoria, from Unitrans Passenger, which trades as Greyhound.

She said the bus company had promised that a step would be provided to enable her to board the bus. In addition, she said, promises were made that staff would assist her to embark.

Fitshen testified that neither promise had been kept when she tried to get on the bus on December 22, 2015 and, as a result, she fell backwards and injured her leg.

Fitschen said that she was a regular traveller on Greyhound. However, she had always had a problem embarking because the steps were too high for her. This time her daughter, Amanda Fitschen, asked the bus company whether a portable step could be provided to assist her mother.

She said the customer care manager said the side of the coach could be lowered hydraulically to assist with the boarding process.

It was also promised that the bus driver and the cabin attendant would be alerted and that they would help her to board.

Fitcshen claimed there was also no one there to assist her except a hostess.

Fitschen testified that she suffered from arthritis of the knees and, besides that, she was not a small woman.

The hostess, however, tried to take her hand to pull her aboard.

Fitschen said while she was aware that she was not a tiny woman, she believed the hostess did not pull her very hard.

As she put her foot on the platform, she fell backwards.

Counsel for the bus company accused Fitschen of being clumsy and said she did not hold tightly enough to the hand of the hostess.

Judge NV Khumalo said Greyhound did not deliver on its promises to assist the woman and because of its negligence, she fell and injured herself. The amount of damages payable to Fitschen would be determined at a later stage.