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Vallaro NO v MEC for Health and Social Development Gauteng (A5009/16) [2017] ZAGPJHC 474 (30 October 2017)
Appeal in a medical negligence matter. The High Court found delayed craniotomy materially contributed to secondary brain damage and reduced damages for apportionment.
Beck v Berg River Municipality (20691/2011) [2015] ZAWCHC 163 (5 November 2015)
The court found that the plaintiff failed to discharge the onus of proving that the municipality owed a legal duty to provide a drainage system capable of preventing the flooding in question, or that it breached such a duty negligently. The evidence showed that the flooding was primarily caused by extraneous factors, including improper contouring and maintenance of neighbouring farmland and provincial roads outside the municipality's jurisdiction, as well as exceptional weather conditions. The plaintiff did not provide sufficient expert evidence regarding the capacity of the drainage system o…
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