Cape Town - The Western Cape High Court has ruled in favour of a young man who instituted a R3.5 million claim against the Passenger Rail Agency of South Africa (Prasa) after he was struck by a stone, causing him to fall from the carriage and sustain severe injuries.
The judgment by acting judge Mas-udah Pangarker was delivered electronically on June 9.
Siyamthanda Maphela, 21, was a 16-year-old Grade 10 pupil at a secondary school in Mowbray at the time of the incident on March 1, 2019.
Maphela was travelling home to Philippi from school when the incident occurred between Heideveld and Nyanga train stations.
While standing at the open door of the packed moving carriage, a stone struck Maphela which caused him to fall out of the train and lose consciousness. A friend who was with Maphela waited until the train stopped at Nyanga station before he rushed to his aid.
He found Maphela unresponsive and bleeding at the forehead. He asked the security guards for help but they did not assist. He picked up Maphela and flagged a taxi, which took them to Gugulethu Day Hospital.
Maphela was then taken to Groote Schuur Hospital where he regained consciousness.
He suffered a right frontal decompressed skull fracture and blunt trauma injuries to his upper and lower body. Maphela could not continue his schooling for the rest of the academic year.
The plaintiff’s counsel argued that the incident, as a result of the open doors and no window panes inside the carriage, was negligence on the part of Prasa and/or its employees.
Prasa admitted Maphela had fallen from the train as recorded in the CMOCC4 occurrence book of all rail incidents recorded by Metrorail. Five hours after an anonymous call, security officers patrolled the tracks between Heideveld and Nyanga stations.
Judge Pangarker determined that the punitive costs order was warranted, and granted the plaintiff’s claim and that the defendant was 100% liable for the plaintiff’s proven damages.
“I emphasise that it remained the defendant’s duty and operational obligations to ensure that the train’s doors were closed when it left a station and when it was in motion.”
A counsel for Maphela said he suffered serious brain damage and remained unemployed due to the injuries sustained.