SOL MUST PAY INJURED WOMAN
THE SOL Plaatje Municipality has been ordered by the Northern Cape High Court to pay R6.4 million to a Kimberley woman who was injured when she stepped into an uncovered water meter hole in the city centre 10 years ago.
The woman instituted a claim against the municipality after she stepped into the uncovered meter box on the corner of Jones Street during her lunch break on November 5, 2009.
The plaintiff, a 54-year-old professional nurse, sustained injuries, including injuries to her back, during the fall and was forced to resign from her job shortly after the incident as she was unable to carry out her duties due to the injuries she sustained.
On August 11, 2016, Northern Cape High Court Acting Judge Ntombizanele Ndlokovane ordered that Sol Plaatje Municipality was responsible for the damages sustained by the plaintiff.
Ruling on the quantum of damages, Judge Bulelwa Pakati ordered that the municipality must pay the plaintiff R6.4 million after an agreement was reached regarding the damages she sustained. The agreement was made an order of the court yesterday.
The plaintiff sued the municipality for loss of income, pain and suffering as well as future medical costs.
According to the order, the R6.4 million will bear interest at a rate of 10.25% per annum from the date of the order, and will be paid in instalments of R800 000 a month.
During the original court hearing, the municipality admitted that it was responsible for the maintenance and upkeep of pavements in the city but argued that the plaintiff’s own negligence had contributed to her damages.
During an inspection of the area at the time, the court found that there was an uncovered squareshaped hole in front of the entrance to American Swiss in Jones Street.
The plaintiff admitted that she could not have concentrated solely on the pavement as she would then have bumped into other pedestrians.
Evaluating the evidence in the original case, Acting Judge Ndlokovane, pointed out that, in her view, the purpose of a sidewalk is to enable pedestrians to pass to and fro along the streets of towns and cities, safely shielded from the vehicular traffic.
“If a local authority creates a danger on a sidewalk, as in the present case, it is clearly the duty of such authority to take adequate steps to guard the public from such danger, by providing adequate warning signs clearly and plainly visible. It is also my view that pedestrians are entitled to regard sidewalks as safe.”
She added that the uncovered meter box, in her opinion, posed a clear risk that the defendant (the municipality) ought to have foreseen.
“It is common cause that the plaintiff had written to the defendant on November 30, 2009 and had notified them of the uncovered meter box. It took the defendant approximately five years to replace it with a cement cover which, in my view, appears to be cost effective and safer than the iron lids this court heard were used to cover such meter boxes and would disappear in no time after being replaced.”
Acting Judge Ndlokovane added that the plaintiff had explained that the incident had taken place during her lunch break.
“While she was walking on the sidewalk, her foot slipped into an open meter hole, causing her to sustain a wound to her left foot, injury to tissues in her ankle and a bruise to her left knee. She conceded that if she had had more time, she would perhaps not have fallen in the hole as she would have been able to observe her surroundings properly.
“I am swayed that she could not have kept her gaze on the ground all the time as she would have bumped into either pedestrians or other items.
“The version of the defendant amounted to a mere denial without tendering any plausible supporting evidence.”
Acting Judge Nklokovane found that “the defendant was negligent in allowing the hole to remain uncovered and for not taking reasonable precautions to guard the public against stepping into the uncovered hole”.
Sol Plaatje Municipality was found to be liable to compensate the plaintiff in full for her proven or agreed damages that arose from the incident.
The plaintiff was represented by advocate CH Botha on instructions of Hentie van Niekerk of Elliot Maris Wilmans and Hay. The Sol Plaatje Municipality was represented by advocate J Gulliland on instructions of Van de Wall and Associates.
THE R6.4 MILLION WILL BEAR INTEREST AT A RATE OF 10.25% PER ANNUM FROM THE DATE OF THE ORDER