Survivors of Fatal Crash Win Their Damages CaseĀ 

Friday 19 September 2014
Leila Samsodien
Justice Writer

AlmostĀ eightĀ years after a train crashĀ nearĀ FaureĀ in whichĀ 19 farm workers were killed, two survivorsĀ have won a test caseĀ  in their bid for damages.

Their victory comes on appealĀ  after the caseĀ  was dismissedĀ  by the Western CapeĀ  High Court inĀ  JulyĀ  last year.

Primilda Jacobs andĀ  Caroline Hendricks, whose casesĀ  wereĀ  consolidated, then tookĀ  theĀ  matter to theĀ  Supreme Court ofĀ  AppealĀ (SCA), whichĀ  has now found in theirĀ  favourĀ  onĀ  theĀ  merits.

In a Judgment that describedĀ  theĀ  incident as ā€œthe worst of itsĀ  kind in this countryā€, Judge Stevan MajiedtĀ  found that theĀ  respondents ā€“ cited as theĀ  Metro Rail andĀ  the SA RailĀ  Commuter Corporation ā€“ hadĀ  failed toĀ  implementĀ  reasonableĀ  measuresĀ  toĀ  prevent harm .

Judge Majiedt said the harm of the train colliding with a vehicleĀ  at theĀ  ā€œuncontrolledĀ  , minimally protectedā€ level crossingĀ  wasĀ  reasonably foreseeable . ā€œThe respondentsĀ  failed toĀ  take adequateĀ  reasonableĀ  stepsĀ  toĀ  preventĀ  theĀ  materializationĀ  of theĀ  harm,Ā  namelyĀ  byĀ  reducingĀ  theĀ  speedĀ  restrictionĀ  toĀ  40km/h on thatĀ  part of theĀ  railway lineā€¦ā€ theĀ  judgmentĀ  read.

The matterĀ  ofĀ  JacobsĀ  and HendricksĀ  is consideredĀ  to beĀ  a test caseĀ  for a number of other pendingĀ  damages claims arisingĀ  from theĀ  incident.

Jacobā€™sĀ  attorney, Ighsaan Sadien, saidĀ  theĀ  judgmentĀ  could nowĀ  be usedĀ  in the claimsĀ  of thoseĀ  who had instituted proceedings .

Attorney Tzvi Brivik, forĀ  Hendricks, said the other claimants were, broadlyĀ  speaking, divided intoĀ  twoĀ  groups-Ā  those who had sufferedĀ  personalĀ  injury andĀ Ā  those who were claimingĀ  loss of supportĀ  after losing aĀ  breadwinner.

Leila.samodien@inl.co.za

Survivors-of-fatal-crash