Thembi Ngobese is claiming R2.8m from the company which refurbished Denlyn Mall in Pretoria after a portion of scaffolding fell on her head in October 2010. A Pretoria News report notes she instituted the claim against Ferro Eleganzie Ltd, which refurbished the parking area at the mall.

Ngobese testified in the Gauteng High Court (Pretoria) that on the day of the incident there was building construction under way and shoppers had to walk through a passageway to get to the shops. As she was walking through the passage, an object, which she described as ‘powerful’, fell from the top and struck her on her forehead.

Ferro Eleganzie, however, accused Ngobese of walking into the scaffolding and thus hitting her forehead.

Judge TP Mudau said Ngobese’s version that she was struck by a portion of the scaffolding or an object that fell from the top of the scaffolding had struck her was corroborated by other witnesses.

He said the object could have come from nowhere other than from where the workers were busy with construction work. He ordered that the company was liable for the damages which Ngobese could prove she had suffered.

Full Pretoria News report