The law relating to emotional shock suffered by loved ones of persons injured or killed in single motor vehicle accidents was properly defined and interpreted. The upshot of this case is that these claimants enjoy unlimited claims against the Road Accident Fund, if their claims pre-dated 1 August 2008.
When a refugee from the Democratic Republic of Congo was severely assaulted by certain MetroRail employees at a railway station in Cape Town, he had a strong case against them.
The claimant was severely bitten by 2 Rottweiler’s that had escaped from the open gate of a suburban home.
This landmark decision now extends similar protection and relief to all detainees in prisons and other similar institutions throughout South Africa.
The court ruled that she was unable to identify the vicariously liable representative of the government that was jointly and severally liable for causing her harm. After consulting with us, the court dismissed the defendant’s special plea of prescription.