Legal Articles and Guides
Personal Injury Law
The Health Department has vowed to defend the right not to hand over private medical records of listeriosis patients to lawyers acting for Tiger Brands, reports Times Select. Tiger Brands wants the names and health information of every patient who contracted listeriosis, including what other diseases they had and autopsy information, the news site says.
The class action brought against gold miners by workers made ill from breathing silica dust is on the cusp of being concluded, with an out-of-court settlement due to be signed today. In what is SA’s largest and most expensive class action to date, six gold mining companies have made provisions for about R5bn to be placed in a trust to pay miners afflicted with silicosis after working underground in their gold mines, says a BusinessLIVE report.
Xolani Shabalala, who spent three-and-a-half-years in jail before being acquitted of rape, is claiming R5.5m from the state, alleging that his detention and prosecution were malicious.
The owner of Alicedale Estate in Musina, Limpopo, is claiming R4.5m in damages from the Minister of Defence after he drove over a spiked metal trap strip laid across a road in April 2015.
The Limpopo High Court (Polokwane) yesterday dismissed the claims of Michael Komape's family for general and constitutional damages for the death of the five-year-old, who drowned in a school pit latrine in 2014. There's every chance the judgment, described by Section27 as a 'missed opportunity', will be appealed.
Judgment is expected to be handed down in the Limpopo High Court (Polokwane) today in the damages claim brought against Basic Education Minister Angie Motshekga by the family of Michael Komape (5), who drowned in a pit latrine at his primary school in 2014, notes Business Day.
The two applications for the certification of class actions lawsuits filed against Tiger Brands and Enterprise in the listeriosis matter – one by human rights lawyer Richard Spoor and US foodborne illness attorney Bill Marler and the other by LHL Attorneys – should be joined.
A motorist initially charged for culpable homicide after ploughing into a group of youths and killing four of them is now facing murder counts. A report on the IoL site notes that the NPA altered its charges against Lazarus Malatjie after his blood tests for alcohol came back positive.
The cash-strapped Road Accident Fund (RAF) is planning to pay up to R60m to lease, instead of buy, office furniture so that it cannot be attached by the sheriff to settle claims owed to victims of road crashes. Times Select has reliably learnt that the RAF's bid adjudication committee had finalised the awarding of a five-year contract for the rental of furniture for its six offices for R2m each a year.
Attorney Richard Spoor has partnered with US-based food safety attorney Bill Marler, of Marler Clark Attorneys, to launch a class action listeriosis suit in the Gauteng High Court (Johannesburg), using 10 applicants to represent the victims who have died or fallen ill from eating contaminated processed meat.
A driver involved in a single motor vehicle accident and who is not an employee of the owner of the insured vehicle is entitled to claim compensation from the Road Accident Fund. A TimesLIVE report notes that the SCA made this determination when it dismissed an appeal by the fund.
A KZN High Court judge has ruled that a woman's rant on Facebook against her former business associate was defamatory, even if it was true and may be interesting to the public, says TimesLIVE. Tasmyn-Jain van Niekerk alleged on Facebook that Ballito-based events organiser Heidi Garbade 'screwed' hundreds of people out of their money.
Class action lawyer Richard Spoor, who is preparing to sue Tiger Brands for hundreds of millions of rands, wants the food giant to support victims’ medical costs, arguing listeriosis survivors need medical treatment but are unable to access it. A Times Select report describes the case of Baby Theto, who survived listeriosis, unlike 76 other babies that the disease killed, but the four-month-old infant now has a shunt in her head to drain fluid.
Tiger Brands faces about R425m in legal claims for more than 180 listeriosis deaths blamed on processed meat from its subsidiary, Enterprise Foods, it said yesterday. The cost of suspending operations and destroying suspect food would be between R337m and R377m, of which Tiger Brands hopes to recoup R94m from insurers, it said, according to a BusinessLIVE report.
A five-year-old girl, who suffers from severe cerebral palsy as a result of negligence by doctors and nurses at the Brakpan Pholosong Hospital during her birth, will receive a R19.2m payout from the Health MEC.