R23 million payout for school injury
Judge’s son brain-damaged after missing net in game
IN ONE OF the biggest damages claim payouts to date in South Africa, the Gauteng MEC for education has been ordered by the Pretoria High Court to pay a total of R23.5 million in damages to a judge’s son.
Christian Rabie – now 23 years old – suffered various injuries, including to the brain, when he fractured his skull during a school playground game 10 years ago.
KwaZulu-Natal Judge Piet Koen, who was called in to adjudicate over how much damages should be awarded to Christian, awarded the man R20.2m for loss of income and earning capacity.
He awarded R800 000 in general damages, R787 386 towards future medical expenses and an amount of R1.6m as a 7.5 percent add-on for the costs of protecting the award.
The judge ordered that a trust be established to administer the money.
Christian, the son of Pretoria High Court Judge Pierre Rabie, was hurt in a game where older boys flipped the younger ones into the air in a cricket net.
Christian was at the time in Grade 8 at Hoërskool Waterkloof.
During a break on July 31, 2003, he was one of the children tossed into the air. Others fell back onto the net, but he missed and fell to the ground.
The court earlier ruled that the Department of Education was liable for the damages, as the school had a duty to supervise pupils to ensure they did not engage in dangerous activities.
The incident occurred on the southern side of the rugby fields, away from the main buildings, where there were no teachers on duty.
But the court found that the teachers had to do ground duty during breaks and should have noticed a gathering of children in the area.
The school, in denying liability, argued that the area was off-limits to the children. But the court found that teachers should have known that children could enter those areas.
The department in 2008 appealed against the ruling that it was held 100 percent liable for Christian’s damages. It was argued at the time that he and the other children should have known the game of tossing each other up in the air was dangerous and against the school rules, and that they could get injured. It was said that they, and not the department, were thus negligent.
But the court five years ago turned down the appeal and said Christian was 13 and lacked the maturity to realise he could be injured.
“All he saw was his classmates having fun,” one of a full Bench of three judges said.
Christian lost consciousness after the fall. His skull was fractured and he was in intensive care for six weeks and on a ventilator for 45 days.
He was unable to attend school for the rest of 2003 but returned to Grade 7 the following year based on his good marks. The court heard that he was an above-average pupil, and up to the accident, had done very well at school.
Christian is now a law student at Unisa, but several experts, including psychologists and neurosurgeons, said he had lost some intellectual abilities due to his injuries.
Judge Koen said Christian’s intention had always been to follow in the footsteps of his grandfather, former chief justice Pierre Rabie, and his father, also a judge.
“He still has to come to terms with the full impact of his injuries. This will be a painful realisation,” Judge Koen said.
The Education Department also has to bear the legal fees as well as pay fees of 17 experts.