The Passenger Rail Agency of South Africa (Prasa) has been ordered to pay R5 220 821.60 to a now 24-year-old former DJ who fell headfirst from an overloaded train a decade ago.
The payout includes future medical expenses (R1 648 119.20), past loss of earnings (R448 189.10), and R3 124 513.30 for future loss of earnings. The amount is payable by means of direct fund transfer within 30 days from the date of the judgment (December 19). In addition, his attorneys were directed to establish a trust for the sole benefit of maintaining and supporting him physically and mentally for the remaining part of his life. The trustees may further use the funds to comply with his medical needs.
After the incident, he attempted to find work and occasionally worked as a DJ at events, earning between R50 and R100 per event. However, the last time he received payment for such work was in 2020. He further stated that he had actively sought employment since then but was unsuccessful.
The damages emanated from a train accident that occurred on 6 March 2014 at 2pm. He was returning from school and aged 14 at the time, and was a passenger on an overloaded train when he was pushed off while it was in motion. It is uncertain how long he had lost consciousness. Two neurosurgeons agreed in that he did lose consciousness.
He did manage to get up and seek help, whereafter he was taken to Tembisa Hospital by his brother for medical attention. The hospital records show that he was admitted on 06 March 2014 just after 3pm and had a deep laceration to his head, as well as another to the palm of his right hand. He also had a swelling of his right foot. A brain scan revealed a depressed skull fracture to the parietal bone and an epidural hematoma.
The records also show a Glasgow Coma Scale score of 15/15. It was, however, in dispute whether this assessment was done on the day of admission or the following day. "This dispute is, however, in my view, not material. What is significant in this matter is the sequelae resulting from the accident. In any event, the neurosurgeons have deferred to other experts regarding the plaintiff's sequelae. I am of the view that the matter can be resolved based on the reports of the two clinical psychologists and their joint report, which concludes that the plaintiff has experienced a 5% decline in cognitive ability attributable to the sequelae of the accident," wrote Gauteng High Court, Pretoria's Judge AC Basson in the judgment.
All parties agreed that he suffered a loss of earning capacity due to the injuries and that his productivity has been adversely affected by the injuries and will continue to be affected in the future. Two occupational therapists and industrial psychologists also agreed that he has become unemployable in the open labor market due to the accident and is likely to remain so.
