Paralysed motorist awarded R26.7m in damages
In a landmark case related to a woman who was paralysed in a car accident caused by a huge pothole in Brits, the North West High Court (Mahikeng) has awarded the nurse almost R27m in compensation to cover ongoing and future medical bills.
Mmabatho Mongale was awarded R26.7m by Judge Tebogo Djaje, the Deputy Judge President of the court, after she successfully sued the North West Department of Public Works, Roads & Transport and its MEC.
In February, the court ordered the department to pay Mongale the compensation after the provincial officials failed to defend the lawsuit.
City Press reports that the department confirmed to City Press that the settlement was paid in full three weeks ago.
Mongale, a veteran nurse, was employed at a local hospital when the accident occurred on 3 November 2014. When her car lost control and rolled several times, she was left with severe injuries and is now confined to a wheelchair.
Medical records show that Mongale suffered severe injuries, including head trauma, multiple spinal injuries, fractured ribs and shoulders, a dislocated hip and internal organ damage, all requiring lifelong specialist care.
The court found the MEC and department liable for 100% of her damages.
However, last September the department challenged the award. The court asked both parties to submit their arguments, but the department failed to do so.
City Press reports that the court noted that the damages claimed by Mongale, including past and future medical costs, lost earnings and general damages, were fair.
‘On the date of the hearing, only the plaintiff had filed expert reports, and none were filed by the defendant,’ Judge Djaje said.
Mongale provided extensive evidence from more than 15 specialists involved in her care since the accident.
‘After the consideration of the reports for the plaintiff and submissions made, the following order was made an order of court,’ the judgment reads.
The court explained that the award would go directly towards her medical bills, providing no benefit to Mongale.
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.
