Taxi driver Hulisani Sithangu – who suffered multiple fractures after his minibus crashed into a cow, lost his R2.8m in damages claim against a Limpopo municipality.

Sithangu said the firefighters who had rescued him had injured his foot with the Jaws of Life.

A Pretoria News report says Sithangu turned to the SCA after the Limpopo High Court turned down his claim against the Capricorn District Municipality.

He said the municipality should be held liable for the conduct of its firefighters.

The SCA concluded that Sithangu had not proved that the firefighters were responsible for the open fracture on the right heel fat pad of his foot.

Judge Dumisani Zondi, who wrote the SCA judgment, said the medical report indicated that the applicant sustained multiple fractures, including an open fracture of the right heel fat pad.

‘Because of this, it is not unreasonable to assume that all the injuries sustained by the applicant that evening were as a result of the accident,’ he said.

The judge said Sithangu could not say that the firefighters had injured his foot, as he had not witnessed it.

In turning down the appeal, the judge said that according to Sithangu’s version, his right leg had not been numb.

It was therefore improbable that he would not have become aware when the firefighters had cut his right heel pad, as he had claimed.

Full Pretoria News report in The Star