Cape Times reports that a pensioner has been successful in his legal bid to hold the Passenger Rail Agency of SA (Prasa) liable for injuries sustained after he and his wife were robbed on a Metrorail train en route to Retreat Station.
The Western Cape High Court found Prasa liable for 72-year-old Jacob Barnett’s proven or agreed damages in relation to an incident when a brick was thrown at him through the open train doors,. The brick hit him on his nasal bone, causing him immediate pain, followed by extensive bleeding. “I am satisfied that the Plaintiff has proven his case and that it was the defendant’s failure to safeguard the Plaintiff whilst he was a passenger on the train, that ultimately resulted in the injuries that he suffered from the incident where the brick was thrown at him. I am unable to find that the Plaintiff could do anything to prevent the attack on him, and he was an innocent passenger,” the court found.
Barnett is claiming R100,000 for past and future medical expenses and R500,000 for general damages. This aspect of the case is to be determined at a later court date. Prasa’s defence and plea amounted to a bare denial. The court held that Prasa had not shown that it had taken any steps to provide security, thus exposing commuters to harm.
- Read the full original of the report in the above regard by Nicola Daniels at Cape Times
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