MEC liable for motorist’s pothole injuries
MEC for Public Works and Roads Gaoage Molapisi was yesterday found by the North West High Court (Mahikeng) to be liable for 100% of the damages ‘as may be proven or agreed’ from the injuries to an engineer whose vehicle hit a pothole on a gravel road, lost control and collided with a tree.
Petrus Jacobs, who was driving his Ford Everest on the Sterkstroom gravel road between Klerksdorp and Ventersdorp on 27 April 2018 when the accident occurred, initially claimed R8.6m in damages for past and future medical expenses, past and future loss of earnings, and general damages.
However, following an agreement between the parties, the court granted an order separating the issues of merits and quantum.
Jacobs suffered various fractures, bruising of the lungs, soft tissue injuries and injuries to his lungs as a result of the accident.
Moneyweb reports that he claimed Molapisi is liable for the damages because he has a legal duty maintain the roads and ensure the safety of all road users.
Molapisi denied liability and alternatively pleaded that the accident was caused by the sole negligence of Jacobs or (he) was ‘contributorily negligent’ for failing to keep a proper lookout, driving at an excessive speed and failing to avoid the accident when he could have done so.
Judge Sandiswa Mfenyana said the main issue in the matter is whether Molapisi is liable for the damages suffered by Jacobs, and if so, to what extent.
Moneyweb reports Mfenyana said the determination of this turns on the evidence of the expert witnesses, but Molapisi opted not to call any experts or witnesses.
Mfenyana said the cross-examination of Jacobs’ witnesses was to a certain extent dedicated to the amount of potholes that could be identified in photographs, which is at odds with Molapisi’s pleaded case, which sought to deny the existence of any potholes on the road.
Mfenyana said the unavoidable conclusion, having established the existence of potholes and a link between them and the accident, is that Molapisi was negligent in failing to maintain the road and keep it in a constant state of repair.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
