Mothers suing for damage from fallen gate have to wait

2015-11-13 11:06


Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

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

Join the conversation! encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.

Inside News24

Competition regulation for a growing and inclusive economy

ADVERTORIAL: The Competition Commission of South Africa is conducting advocacy work in the South African automotive aftermarket industry and has gazetted a Draft Code of Conduct for public comment.

Traffic Alerts
There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.