News24

School accident - still no settlement

2012-08-14 16:59

Johannesburg - The family of a schoolboy whose legs were amputated after a tree fell into a classroom has issued a summons against the Gauteng education department.

"The department has unfortunately recently received a summons from the family of Lewis [Wynne]," the department said in a statement.

"This is an unfortunate development as it may have the effect of delaying the provision of financial support to Lewis."

Wynne, in Grade R at the Carter Primary School, in Alexandra, Johannesburg, had his legs crushed by a tree which fell into his classroom in October last year.

Both his legs were amputated - one below the knee and the other at the knee. Since then, the department and boy's family had been in talks over a settlement.

"[The department] is still committed to ensuring a speedy settlement of this matter and to ensure that the child gets the necessary resources to aid his ongoing recuperation and rehabilitation," the statement read.

The department had sought an out-of-court settlement to avoid a long legal process for Wynne and his family. However, the family and their lawyer had now delayed the process.

The first claim submitted by the family's attorney was not quantified.

"We advised the attorney to seek medical experts and an actuary to assess the child and submit a quantified claim," the department said.

A quantified claim was only received at the end of May.

"We then immediately entered into discussion in June to settle the claim. But these discussions were not successful as the family rejected two settlement proposals."

The department said the claims submitted by the family, while quantified, had no legal basis.

It had asked for them to be re-assessed by an independent team of medical and legal experts.

The department had prepared a place for Wynne at the Hope School in Johannesburg, a special school for disabled pupils.

Comments
  • olivia.karnak - 2012-08-14 17:05

    The money is long used, flashy cars, and high flying parties! This child won't see a penny for a long time. Neither a text book! Sad case.

  • brigitte.bell.33 - 2012-08-14 18:10

    The Dept of Uneducation actually take responsibility for something????? Yeh riiiight! I want to see this!

  • bless.boswell - 2012-08-14 19:03

    If the family were to wait for the natural process of the law, this boy's grandchildren will one say receive that money. How long did Ferreira's family wait for something to happen? Our government feels nothing for its people. Their negligence causes injury and death and they just sit there.

  • lacrimose.wolf - 2012-08-14 20:47

    Nothing gets done at all in our country unless you take the govt to court at least 3 times. Once for the court order and twice more for failing to adhere to the court order. All the Justice system seems to be able to do is hand down more and more orders. Try such a trick as a civilian; you'll be arrested faster than you can say 'disorder'.

  • Johan De Beer - 2012-08-14 21:46

    I see a lawyer making money here.

  • grant.montgomery.5074 - 2012-08-15 05:38

    A tree falling through a classroom? Only in Africa. The tragedy took place last October, why has it taken o long to settle? I bet the amount the department tried to settle for was less than the cost of the minister's mercedes.

  • jackie.m.dickson - 2012-08-15 09:32

    This is basically a threat to the family!!!! The department"received a summons" so sorry for you we are going to take even longer to pay out!!! BS. This is a small child whos life will never be the same!! And the "department" wont to the right thing? Sounds like they dont want to "share" the slush fund they have going!!

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