Man who lost eye on train 'negligent'

2012-05-08 07:48

Cape Town - A Metrorail commuter who lost an eye when a stone flew into the carriage through a broken window was "negligent", according to a report on Tuesday.

The Passenger Rail Agency of SA (Prasa) argued in the Cape High Court on Monday that film technician Serge Loutala, 39, did not take adequate care to avoid being hurt, the Cape Times reported. It also denies that the stone was thrown in.

Loutala is suing Prasa for R1.12 million in damages.

According to Prasa's court papers Loutala had not taken adequate steps to ensure he did not remain "in close proximity to the open window", failed to exercise "reasonable skill and care" and did not take precautions to make sure he was not injured while sitting at a window without a glass pane.

Loutala was injured while on a train trip between Salt River and Nyanga, Cape Town, on October 29, 2006.

According to the report, he managed to get a seat at the broken window when a few passengers left. A stone struck him in the right eye.

Prasa was expected to call witnesses on Tuesday.

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