Phungula v Passenger Rail Agency of South Africa (12245/2021) [2023] ZAGPPHC 1200 (21 September 2023)

Phungula v Passenger Rail Agency of South Africa (12245/2021) [2023] ZAGPPHC 1200 (21 September 2023)

The court found that the plaintiff was injured while being conveyed on a train operated by the defendant, having been pushed out of an open carriage door while the train was in motion near Duncanville station. The defendant failed to challenge the material aspects of the plaintiff's and her witness's evidence, including the overcrowded conditions and the fact that the carriage doors remained open throughout the journey. The train guard could not confirm whether the doors were closed, and the train driver acknowledged that commuters are known to open carriage doors. The defendant did not have personnel present to ensure doors remained closed or to prevent passengers from disembarking while...

Citation
[2023] ZAGPPHC 1200
Parties
Plaintiff: Zanele Pretty Phungula; Defendant: Passenger Rail Agency of South Africa
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
21 September 2023
Case Number
12245/2021
Procedural Posture
Civil Liability / Liability Separated From Quantum; Judgment on Liability Only
Outcome
Defendant found wholly liable for plaintiff's injuries; judgment on liability in favour of plaintiff.
Judges
Mooki
Legal Topics
Public Transport Liability, Open Carriage Doors, Personal Injury, Contributory Negligence, Occupiers Liability
Delict Land and Property Public Transport Liability Open Carriage Doors Personal Injury Contributory Negligence Occupiers Liability

Case Brief

Summary, issues, holding and outcome

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Parties

Zanele Pretty Phungula

Plaintiff

Passenger Rail Agency of South Africa

Defendant

Procedural Posture

Civil Liability / Liability Separated From Quantum; Judgment on Liability Only

Legal Issues

  1. 1 Whether the defendant is liable for injuries sustained by the plaintiff when she was pushed out of an open train door while the train was in motion.
  2. 2 Whether the defendant took reasonable measures to ensure passenger safety, specifically regarding open carriage doors.
  3. 3 Whether the plaintiff contributed to her own harm.

Ratio Decidendi

The court found that the plaintiff was injured while being conveyed on a train operated by the defendant, having been pushed out of an open carriage door while the train was in motion near Duncanville station. The defendant failed to challenge the material aspects of the plaintiff's and her witness's evidence, including the overcrowded conditions and the fact that the carriage doors remained open throughout the journey. The train guard could not confirm whether the doors were closed, and the train driver acknowledged that commuters are known to open carriage doors. The defendant did not have personnel present to ensure doors remained closed or to prevent passengers from disembarking while...

Court Disposition

Defendant found wholly liable for plaintiff's injuries; judgment on liability in favour of plaintiff.

Orders

  • The defendant is liable for 100% of the plaintiff’s proven or agreed damages caused by injuries arising from the incident on 5 September 2018.
  • The defendant is ordered to pay costs.