Case Law

Date judgment was handed down Court Parties Summary
17 February 2011 Eastern Cape High Court, Port Elizabeth Judd v Nelson Mandela Bay Municipality (CA149/2010) [2011] ZAECPEHC 4 On Sunday morning 6 July 2008 the plaintiff, a 78 year old lady, set off from a retirement village in Port Elizabeth, on her way to Church on foot.. Her foot caught a raised pavement block. She stumbled and fell, thereby sustaining severe injuries, including a cracked sternum. The court ordered the respondent to pay the Appellant her proven damages.

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31 January 2012 Eastern Cape High Court, Port Elizabeth Adams v Shoprite Checkers (Pty) Ltd (2754/09) [2012] ZAECPEHC 3 On 2 June 2008, the 46 year old plaintiff went shopping in one of the defendant’s stores in Cleary Park, Port Elizabeth. There she had the misfortune of standing near a tower of boxes containing frozen vegetables, the one box stacked on top of the other, when it collapsed close to her and she was struck by one or more the boxes on her neck and right shoulder, which caused her injuries which would fall in the category of whiplash and soft tissue injuries. The Court ordered the Defendant to pay the Plaintiff an amount of R 110 513,03 as compensation for the damages the Plaintiff sustained.

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13 September 2012 Eastern Cape High Court, Port Elizabeth Busakwe v Viking Inshore Fishing (Pty) Ltd (68/2007) [2012] ZAECPEHC 64 Summary: This is an action for damages arising from personal injuries sustained on 19 August 2004 while the plaintiff was in the process of rendering his services as a fisherman while in the employ of the defendant. While the plaintiff was shovelling ice in the refrigeration room of the defendant onto a conveyor belt he stepped onto a partly exposed swarm spiral, unbeknown to him at the time. The plaintiff was injured. The forepart of his right foot was crushed, resulting in a midfoot amputation of his right foot at the level of the talus and the cuneiform bones. The defendant conceded liability. The Court ordered the Plaintiff to pay the Plaintiff the Sum of R 2 543, 812,00.

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29 March 2012 KwaZulu-Natal High Court, Durban Visser v Visser (15088/2009) [2012] ZAKZDHC 16; 2012 (4) SA 74 (KZD) A two(2) year old baby boy was bitten in the face four times by a dog and sustained severe dog bite wounds. The dog belonged to the Defendant. Although the entire event took place before the defendant she was unable to prevent the traumatic event. The Court ordered the Defendant to pay the Plaintiff the Sum of R 150 051,59 as compensation for the personal injury sustained by the plaintiff.

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21 November 2008 KwaZulu-Natal High Court, Durban Hilder v Jafta and Another (15902/05) [2008] ZAKZHC 92 In this action the plaintiff seeks relief in terms of the actio de pauperie alternatively, in terms of the actio Lex Aquilia based on the defendants' negligent actions or omissions arising out of the fact that she was attacked by a dog on or about 22 June 2005 and that she sustained serious injuries as a result.

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