Delayed: Teacher’s suit against City

2010-06-08 00:00

A CAPE TOWN teacher, Farida Osman, is suing the Msunduzi Municipality for R198 840 for the damages she suffered as a result of being injured when she allegedly fell into a hole in the pavement on Bombay Road on July 6, 2005.

The trial, which was set down for hearing this week, was adjourned yesterday at the request of lawyers acting for the municipality. A new trial date will be set. The municipality was ordered to pay the wasted costs of the adjournment.

Osman maintains in court papers that the municipality or its employees have a duty to maintain pavements in a reasonable condition, rendering them safe for use by pedestrians.

She allegedly stepped into a hole in the pavement on Bombay Road, resulting in compound fractures of the distal right tibia and fibula (in her right leg), which required surgery.

She was hospitalised for four days and was allegedly unable to work for three months.

According to court papers, she is likely to require further surgery as well as medical treatment and physiotherapy.

The municipality denies it is liable to compensate Osman.

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