Mothers suing for damage from fallen gate have to wait

2015-11-13 11:06


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Pietermaritzburg - A case where two Pietermaritzburg mothers are seeking damages after their children were injured when a palisade gate allegedly fell on them, has been adjourned for trial next year.

The claims lodged by Maud Jasson and Denise Elliot on behalf of their daughters, Alison and Courtney respectively, arise from an incident on November 27, 2003, when building works were allegedly being carried out at Midlands Medical Centre premises. The children would have been three and two years old at the time.

It is alleged that a palisade gate or piece of fencing fell on the children after becoming detached from its post.

A claim for damages of R805 000 in respect of each child has been lodged against Rods Construction (PTY) Ltd based at Ballito, and Fast Track Shopfitters from Springfield Park, Durban. The suit is being defended and according to papers before the high court, the two companies deny being responsible for securing or erecting the gate in question. They also deny any negligence on their part.

In terms of an order granted in the high court this week, the case has been postponed for trial from March 9 to 11.

According to the court papers, the children suffered head injuries and lost consciousness as a result of the accident, which allegedly occurred while building alterations were being made to the medical centre. They also sustained other injuries.

It is alleged that the employees of the two companies were aware that the situation was hazardous due to the fact that the work was being performed close to the pavement.

It is alleged that they were negligent for failing to ensure the gate was properly secure, that warning signs were erected, and failed to erect boarding or barricades on the premises and pavement to safeguard pedestrians.

Read more on:    pietermaritzburg  |  court

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