Cases

Headline Cases

Constitutional Court Zoom Recording
CCT 114/20 Phillipa Susan Van Zyl N.O v Road Accident Fund

MBABANE – A South African biker wants a whopping E8.6 million from Sincephetelo Motor Vehicle Accident Fund (SMVAF)
Tshidiso Ledimo of San Ridge Village, Gauteng in South Africa, has taken SMVAF to the High Court where he is demanding payment of this amount after he was involved in an accident during his visit to the country.

Businesses Can Sue Eskom for Losses

Consumers may make claims on insurance

Businesses that have  suffered  major  losses  as a result of  load shedding should not  rule out  damages claims against Eskom, an attorney has said.

Hangvlieg: Verlamde Vra Beheer

Hangvlieg: Verlamde Vra Beheer
Vrou eis meer as R20.m en regulasies 

‘n Britse vrou  wat in ‘n  hangvliegongeluk  in Hermanus  verlam is,  veg in die appelhof om die wet verander te  kry “sodat daar nie meer slagoffers    van ongereguleerde avontuur sport sal wees nie”.

Civil Case Against Dewani “Unlikely To Work”

South African  prosecutors  failed to prove  that  British  businessmen  Shrien Dewani  had a hand  in the murder  of his Swedish wife, Annia , but there are some  prospects  for this being  done in a civil action  in the UK , according to several local legal experts.

Sy ‘Geniet Nie Haar Sukses’

Sterf Tragies Na Sy Metrorail – Saak Wen 

Tuesday 14 Oktober 2014

Presies “n week  nadat  Caroline Hendricks  gehoor het sy  het haar saak teen  Metrorail  vir die  Faure – ongeluk gewen, is sy tragies  oorlede.

Survivors of Fatal Crash Win Their Damages Case

Almost eight years after a train crash near Faure in which 19 farm workers were killed, two survivors have won a test case  in their bid for damages.

Their victory comes on appeal  after the case  was dismissed  by the Western Cape  High Court in  July  last year.

Court Finds Doctors Liable For Damages After Woman Suffers Stroke

Two  doctors have been  found liable  for damages in a civil case that was lodged  by a city woman who suffered  a stroke.

The Plaintiff  in the matter, Loretta Mini, first showed  symptoms of a stroke  on April 17, 2007, but  was not admitted to a  hospital  until three  days later.

Breast Implant firm fights payout

GERMAN company TUV Rheinland is to appeal a French court’s finding that it is liable for damages suffered by women who have had the Poly Implant Prosthesis (Pip)breast implants that it had certified as safe.

Damages Await Women with Pip Breast Implants

Court ruling includes South Africa

South African women who were fitted with the controversial Poly Implant Prosthesis (PIP) breast implants that fuelled worldwide panic in 2011 because of Their high rupture rate, have eight months to lodge claims- even if they’ve had no problems

Mother Finally Gets Day in Court

The surviving twin was later diagnosed with quadriplegia due to cerebral palsy 

The case of a mother who is suing over alleged negligent  treatment during her pregnancy  and the  birth  of her twins – one  died  and the other was left disabled – is  to be heard in the Western Cape High Court in the  coming  weeks.

Firms Sued For R4.75m

Three companies involved in a film production this year are being sued for R 4.75 million in damages in the Western Cape High Court by a rigger who was shocked on set while trying to assemble a metal frame for photographic equipment.

Quevin Diakazebi,  originally of  Brazzaville in the  Republic of  Congo,  claims in court  papers that, as a result of  his  injuries, he suffers  from  seizures, blackouts, vertigo,  headaches and  short term  memory  difficulties.

Mecliable After Hospitals Fail To Diagnose Rare TB

Test should have been routine, says Judge

The Western Cape High Court  has  ruled  that Health  MEC Theuns Botha is liable for the damages of a Paarl boy, after finding that two medical  facilities  under his control failed to  properly  diagnose tuberculosis  of the  elbow- a rare condition that left him  partially disabled.

Skipper and Boat Owners Charged

I don’t know how long we were in there … When I heard that voice it was like a sound out of heaven

The skipper and owners of the tourist boat Miroshga, which capsized  in Hout Bay last year  leading to the deaths of  two people, have been  charged with  two counts of culpable  homicide, police have said.

Bedryf Moet Opdok Nasweefongeluk

Onwettigsonderlisensie Kaapstad-Adrenaliensoekersmoetversigtigweeswanneerhullebeplanomsaam met ‘n tandem – valskermwewer van ‘n berg afte spring.

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Tourist Wins Rights to Payout Over SA Paragliding Disaster

Leila Samodien– Leila.samodien@inl.co.za

What started off as a “bit of a walk on the wild side” ended  in a paragliding  crash  paraplegia  and a court  battle for a British tourist, who has  now won the  right to  damages.
A holiday in Cape Town led Diane Bewick 44 of Middlesborough to Hermanus on April 12, 2004 for tandem paragliding.

Judge Rules against Tandem Paragliding

Fatima Schroeder

“Commercial Pilot’s Licence Required”

Cape Town’s lucrative extreme sports industry  has been thrown into confusion, after a Western Cape High Court  judge declared on Friday that tandem  paragliding “for commercial
gain” is unlawful, unless a commercial pilot’s licence is obtained.

Teenager Mauled After Trying To Kiss Caged Lion

A Canadian teen got a little too close for comfort to a lion she was helping  care for in a Limpopo rehabilitation facility, when the beast tried to drag her into its cage by her legs.

Lauren Fagen, 18, was volunteering at the Moholoholo Wildlife Rehabilitation  Centre when she leaned in to kiss the beast’s fur.

Man “Beaten By Police ‘Sues for R 2m

Fatima Schroeder Fabian Wyllie wants to know why Fabian Wyllie says he lives in fear, mostly of police officials, after he was allegedly beaten for several hours at the Delft police station three years ago.

Anti-Semitic Attacks ‘diminish dignity’

Noelene Barbeau The South African Jewish Board of Deputies has filed a hate speech complaint in the Equality Court against Snowy Smith, the Durban man they accuse of bombarding their members with e-mails, CDs and DVDs referring to “Zionist Jews” as the enemy and orchestrators of wars.

Dog Walker Sues City After Falling into Broken Drain

Fatima Schroeder Man claims he has been unable to continue in his canine business He should have watched where he was going. This is one of the defences the City of Cape Town has raised in a R1.8 million damages action lodged by a well-known professional dog-walker who fell through a broken stormwater drain cover.

Accident Victim to Sue Attorney for R2 million

She was three years old when the Valiant she had been travelling in collided with a Toyota in Khayelitsha on January 30, 1988, rendering her wheelchair-bound for the rest of her life.

Her mother sued the vehicle insurers for damages and the claim was settled at a time when she was a minor.

Vrou kry miljoene na vliegongeluk

‘n Stellenbosse vrou en haar dogters gaan bykans $1.45 miljoen (meer as R13 miljoen) van Afriqiyah Airways kry nadat hul gesin se primere broodwinner dood is toe ‘n vliegtuig van Jahannesburg in Tripoli, Libie, neergestort het. Ilse Matthee (46) het a skikkingsooreenkoms met die lugdiens van $1 448 204 bereik en sal alle eise in verband met die ongeluk laat vaar.

SA lawyer elected to the board of PEOPIL

In Brief Cape Town lawyer Tzvi Brivik was elected as South Africa’s representative to the board of governors of the Pan European Organisation of Personal Injury Lawyers (PEOPIL) at an annual conference held in Valencia, Spain, last month.

Injured Consumers Put Law to the Test

Hardware giant Builders’ Warehouse is being challenged under the new Consumer Protection Act.

Two Consumer Protection Act test cases lodged against a hardware giant  could keep South African  retailers on their toes over the stock , and open  the  floodgates  for similar lawsuits.

Johannesburg Attorney Appointed To Us Trial Lawyers Association Board

Johannesburg attorney, Malcolm Lyons, who was elected to the board of governors of the Association of Trial Lawyers of American, shared honours with now famous Erin Brokovich.

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Counterblow

When a senior compliance officer reported irregularities involving an operations director at Standard Bank stock brokerage Andisa Securities, the career of the accused man apparently suffered no setbacks.

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Insurance: relying on indemnity clause ‘bad in law’

Ruling boosts US tourist’s legal right Helen Bamford AN AMERICAN woman’s battle to claim damages from a tour operator after being seriously injured in an accident in one of their vehicles has been given a boost by the Supreme Court of Appeal.

Bedryf Moet Opdok Nasweefongeluk

Donderdag, 26 September 2013

Jana Breytenbach

Onwettigsonderlisensie

Kaapstad-Adrenaliensoekersmoetversigtigweeswanneerhullebeplanomsaam met ‘n tandem – valskermwewer van ‘n berg afte spring.

South African Lawyer Group Welcomes ATLA Aid

Since the end of apartheid, forming a biracial organisation has been difficult in South Africa. Yet such a group of 30-40 personal injury lawyers has developed to network and exchange information. In January, several members of ATLA and I went to South Africa to present two seminars and urge attendees to join the new South African Association of Personal Injury Attorneys.

Wave goodbye to waivers?

Malcolm Lyons and Tzvi Brivik

It has become commonplace for service providers to attempt to shield themselves from legal actions for damages by consumers caused by the providers’ own reckless, negligent, wilful or malicious conduct. To achieve this, the consumer is required to sign a contract which contains a waiver or indemnity clause exempting the provider from liability

Finding Justice For The Injured

Tzvi Brivik is a specialist attorney who specialises in personal injury and Labour Law. He is a senior partner at Malcolm Lyons and Brivik inc, a Cape Town Law firm. Brivik deals with patients who have been victims of medical malpractice or negligent acts

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Eskom moet opdok ná skok

Philip de Bruin Eskom moet 50{dcbd125d7e4001924a4d570ec927b32311b1a9a7ffee167db7c5dd7f2fba3134} van die skade opdok wat ’n private elektri¬siën opgedoen het toe hy in die gevaarlikste vertrek in enige Eskom-substasie ingestap het en erg geskok is deur kragdrade. Dié vertrek – in omgangstaal bekend as ’n live chamber –van ’n substasie in Vanderbijlpark moes, volgens Eskom se eie regulasies, permanent gesluit gewees het en net onder toesig van ’n Eskom-werker binnegegaan word.

Dad claims R1.5 million after death of wife at hospital

It was with sadness that Mlamu Author Siyatha received the details of how his pregnant wife and child died due to what he claim was gross negligent. A lone figure In the Western Cape High Court yesterday, Siyathe is suing Health MEC Theuns Botha for R1.5 million in damages.

Husband sues MEC over death of wife

During the fifth month of her pregnancy, Nomglobo Elvina Siyatha atarted to experience abdominal pain and arrived at the Michael Mapongwana Clinia in Site B, Khayelitsha, to seek help. It was 9am on January 30, 2005.

Man sues over pregnant wife’s death

Before 9am on January 30, 2005, a pregnant Nomglobo Elvina arrived at the obstetrics unit of the Site B Clinic in Khayelitsha with abdominal pain. She told her neighbor, Nondomisa Jida, that she thought she was going to die.

Nurses could have saved mom

A woman who spent three hours waiting for medical assistance from staff at the Site B clinic in Khayelitsha should have been transferred to a tertiary institution for emergency treatment, a medical expert has told the Western Cape High Court. Gavin Rosemann, a specialist obstetrician, was testifying yesterday in a R1.5 million damages claim Nomglobo Siyatha’s husband and eldest daughter brought against Western Cape Health MEC Theuns Botha.

Sister grilled in pregnancy death suit

Punching holes in the defense’s case in the Cape High Court yesterday, questions were raised about how nurses at the obstetrics unit at Site B Clinic in Khayelitsha could fail to notice that a woman died of severe bleeding was pregnant.

High Court Backlog is Prejudicing Litigants

Thousands of litigants are being prejudiced by the Cape High Courts backlog of civil cases, say lawyer who are concerned that their clients would have to wait several years to have their day in court. There are 3018 civil matters which have not yet been allocated trail dates – and the next available date is in 2012. Matters receive up until August last year have been allocated trail dates.

Defence Minister SUED for R1.95m

It’s a miracle that 52 year old Pearl Jason is alive today, a medical expert says. But Jason lived to tell her tale and has instituted a, R1.95million Western Cape High Court action against the Minister of Defence after complications from a minor surgical procedure left her fighting for her life in the intensive unit of Wynberg’s 2 Military Hospital for a month.

Kidney patient plans to sue Groote Schuur

A kidney transplant patient plans to sue Groote Shcuur Hospital for negligence after her kidney failed when a critical medicine was allegedly withdrawn from her prescription. Cynthia Nkenkqa, 45, received her third kidney transplant 10 years ago. She was doing well until August, when her body rejected the kidney.

Woman sues two GP’s for medical negligence

A 57 year old Plumstead woman is suing two general practitioners for R922 000 in the Western Cape High Court, claiming they failed to refer her for specialist care when she consulted them about a weakness on the right side of her body.

Miracle chopper trio home

Henri Du Plessis – Staff Writer Three friends who miraculously survived when the helicopter they were in plummeted 23 floors after crashing into the World Trade Centre in Sao Paolo have arrived in Cape Town. “God was with us in our helicopter. There was no chaos – it was so peaceful in the helicopter.”

Mom sues for R14.9m after bungled birth

MEC AND GROOTE SCHUUR TARGETED IN LAWSUIT AFTER ONE BABY IS STILLBORN AND TWIN IS PARALYSED A Hout Bay woman is suing the Western Cape Health MEC for R14.9 million after complications during child birth at Groote Shcuur Hospital left one of her twins dead and the other paralyzed for life.

Man disabled by train accident to be damages

Metrorail and South Africa’s rail agency are to pay a Lentegeur man 30 percent of a damages claim he instituted against them after he was left wheelchair-bound when he was knocked over by a train while trying to cross a railway line in his neighborhood six years ago

Train victim victorious over Metrorail Accident

Train victim victorious over Metrorail Accident Seven years ago Ismail van der Merwe left his New Lentegeur home to buy medication for a toothache, not knowing that his life would change radically and forever. Tall, lean and healthy, the 31-year-old had his whole life ahead of him. He was chatting animatedly to a friend and decided to take a short-cut over the railway tracks.

Devil is in the detail in R4mil lawsuit

Devil is in the detail in R4mil lawsuit Telling in what direction the suspect ran, or around that vehicle, seemed to be problem for a police witness in the Pretoria High Court yesterday. KwaMhlanga police constable Klaas Makgwalwa gave several different versions, resulting in counsel Salie Joubert giving him a piece to draw the directions.

Gran battles Pick ‘n Pay for damages

Gran battles Pick ‘n Pay for damages Elizabeth Van Niekerk is not your average 81-year-old. She drives a silver sport coupe, loves diamonds and wears impeccably applied make-up to complement her flaming red hair

Supermarket must pay woman. 81, hurt in fall

Supermarket must pay woman. 81, hurt in fall An woman of 81 injured in a fall in a Melkbosstrand supermarket is entitled to claim damages from Pick n Pay, the Western Cape High Courts has found. Elizabeth Van Niekerk injured her back and her hip in the fall which was said occurred when her sandal,

Former reservist sues for R1.7m in damages over gunshot wound

Fatima Schroeder A FORMER police reservist is suing the minister for safety and security and fellow reservist Eugene Klein for R1.7 million in damages, alleging that Klein negligently shot him while under the minister’s command and supervision.

Man sues MEC over operation

Fatima Schroeder

A 63-YEAR OLD Athlone factory supervisor is suing a Claremont surgeon and Western Cape Health MEC Pierre Uys for R630 000 for operating on the wrong side of his body.

Fabrieksvoorman eis baie na breukoperasie

Julian Jansen ‘n Fabrieksvoorman van Bridgetown en pa van agt kinders eis honderdduisende rande nadat ‘n dokter wat ‘n breuk moes herstel, hom glo aan die verkeerdekant van sy maag geopereer het. Hy is aan sy gesonde regterkant gesny pleks van aan die linkerkant, beweer mnr. Mohammed Noor Ebrahim (63).

Own-risk sign at centre of claim after escalator fall

Lee Rondganger

Three women who fell down a malfunctioning escalator at the Eastgate shopping mall plan to challenge the “use at own risk” sign put up next to escalators in what could be precedent-setting case at the Johannesburg High Court.

Woman sues aunt for R6m after crash

Bitter court battle tears family apart

Shanthini Naidoo A BITTER court battle, in which a British Woman is suing her South African aunt for R6-million, has split a once close-knit family. In 2001, Emma White’s parents gave her a holiday to South Africa as a present for her 21st birthday.

Ruling Boosts US Tourist’s Legal Right

Insurance: relying on indemnity clause ‘bad in law’

An American woman’s battle to claim damages from a tour operator after being seriously injured in an accident in one of their vehicles has been given a boost by the Supreme Court of Appeal.

Home owner sued after balcony collapses

Fatima Schroeder Two men are suing a Green Point homeowner for R1,83 million in the Cape High Court after they were seriously hurt when a balcony collapsed while they were standing on it in April last year.

Legal Eagle takes on Imperial Car Hire

Ethel Hazelhurst Johannesburg – Malcolm Lyons, a Cape Town attorney who specializes in personal injury claims, has laid a complaint against Imperial Car Hire with the consumer affairs committee at the department of trade and industry (dti).

Eskom ordered to pay R2.8m in damages

Fatima Schroeder Eskom has agreed to pay a 22-year-old Blue Downs man R2.8 million in damages for serious injuries he sustained when climbing an electricity pylon in 1994, when he was aged 11.

Guards hit by night train sue for R2.9m

Mzolisi Witbooi, Staff Reporter Two former security guards hit by a train while on duty are suing Metrorail for more than R1 million each. In papers before the Cape High Court, Sijonjile Ncaza, 29, of Khayelitsha, and Siyavuma Njaleka, 30, of Delft, argue Metrorail was liable for the accident

Guard hit by unscheduled train claims R7m

Hardship for family after train hits man

Hardship for family after train hits man Wife who can’t work hoping for R7m payout A KHAYELITSHA woman has told the Western Cape High Court of the hardship she and her family had endured since her husband, a former security guard contracted to Metrorail, was left brain damage after being struck by a train nine years ago.

Metrorail and Train driver negligent in security guard accident case

Metrorail and Train driver negligent in security guard accident case A Cape High Court judge has found Metrorail and train driver Johannes Human liable for damages suffered by two security guards who were seriously injured when struck by a train while patrolling the railway lines between Cape Town and Woodstock in February 2002.

Injured Guards Triumphant at Last

The Supreme Court of Appeal has paved the way for millions of rand’s in damages to be awarded to two security guards contracted by Metrorail.

Amputee, 29, takes city bus company to court

Fatima Schroeder A 29-YEAR-OLD environmental biologist is suing the TransZambezi Express bus company and one of its drivers in the Cape High Court after she lost her leg as a result of a collision four years ago. Eight people were killed in the accident and several injured.

Dodgy Car Hire Terms Persist After Avis Ruling

Ethel Hazelhurst Johannesburg – The reasonable man, or woman, is entitled to assume, when signing a car hire contract, that it does not contain a clause exempting the provider of the car from responsibility, should it prove defective.

Cyclist Reports ‘Reckless’ Motorist to Police

Leeann Raymond Police say a complaint of reckless and negligent driving has been filed by international cyclist Danilo Hondo against a motorist he alleges drove into him deliberately in Somerset West on Monday.

Top Cyclist Injured In ‘Road Rage’ Clash

Murray Williams – Staff Writer murrayw@incape.co.za A top European cyclist, training in the Cape for the Tour de France , was injured when struck by a car in an apparent road rage incident in Somerset West.

Ullrich’s Cycling Partner Injured in Rage Attack

Leeann Raymond DANILO HONDO, T- Mobile training partner of international cyclist and 1997 Tour de France winner Jan Ullrich, was injured yesterday when a car struck his bike in an apparent road rage incident in Somerset West.

Furore Over Cop’s Apparent Reluctance To Arrest ‘Drunk Driver’

Heather Brenner Former Sappi worker says car’s tyres led to crash that left him with brain damage People living in Gill Road, Table View, allege that a Table View policeman was reluctant to arrest a woman they say caused an accident on Sunday June 6 about 5.40pm while driving under the influence of alcohol.

Son speaks out on the alleged drunk driving incident

Heather Brenner The son of the woman arrested and charged with drunken driving (“Furore over cop’s apparent reluctance to arrest drunk driver”, June 17) has come forward and wants to tell his side of the story.

Train Accident Claims in South Africa

Agt  sekondes  het die  verskil  gemaak tussen lewe  en dood  in die  Faure  treinongeluk  in 2006.

Regter  Steven Majiedt  het  in die Bloemfonteinse appélhof bevind  as die trein  op 13 November 2006 teen 40km/h gery het, sou dit betyds kon stop om die  botsing met ‘n lorrie  vol plaaswerkers  te vermy.

City Lawyer in Crusade over Firms’ Liability Protection

City Lawyer in Crusade over Firms’ Liability Protection Always losers: waivers weighted heavily against consumers A Cape Town lawyer has launched a crusade against firms which make consumers sign contracts absolving the companies of legal responsibility if something goes wrong.

Car Rental Outfit Liable For Leasing Unsafe Vehicle

Penny Sukhraj  An Active athlete who was crippled in an accident has won his fight against a car rental company in a landmark case which makes rental companies liable for damages if they lease out unsafe vehicles.

Accident Victim Sues Avis

26 October 1999 Taryn Lamberti

Former Sappi worker says car’s tyres led to crash that left him with brain damage

A former accountant for paper conglomerate Sappi is suing Avis for R3.5 m after he suffered permanent brain damage from an accident he claims resulted from the car rental firm’s negligence.

AVIS had better try harder – Judge

4 to 10 February 2000 Donna Block And Evidence Wa Ka Ngobeni Seeking compensation: Roelf de Waal will need medical treatment for the rest of his life. He is claiming R3,5million from car rental company Avis.

Avis in Court Battle

Avis in Court Battle  29 October 1999 Ann Eveleth and Aaron Nicodemus Roelf de Waal lived his life to the full, revelling in daredevil sports such as hang- gliding and flying, and keeping active as a competitive cyclist, horse- riding teacher and falconer.