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South Africa decisions
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Tsheletshe v Passenger Rail Agency of South Africa (A115/23) [2025] ZAGPPHC 279 (18 March 2025)
High Court appeal arising from a PRASA train accident claim. The court found the probabilities evenly balanced and substituted absolution from the instance.
Ngwane v PRASA (35036/2016) [2019] ZAGPJHC 245 (27 May 2019)
The court found both PRASA and the plaintiff negligent in a train-boarding accident and apportioned liability equally at 50%, with quantum postponed.
Eastes v Metrorail T/A Transnet (22394/2004) [2014] ZAGPJHC 176 (23 May 2014)
The court found that the plaintiff suffered moderate brain injury with severe sequelae, including cognitive deficits, pain, and loss of amenities of life, all causally linked to the train accident. Expert evidence from neurosurgeons, orthopaedic surgeons, and psychologists was accepted, and the defendant's arguments regarding alternative causes such as dementia and stress were rejected due to lack of supporting evidence. The court determined that a contingency deduction of 15% was appropriate, considering the plaintiff's age and other life vicissitudes. The quantum of damages was calculated b…
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