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 āthe 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 āuncontrolledĀ , minimally protectedā level crossingĀ wasĀ reasonably foreseeable . āThe 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.
JacobāsĀ 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
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