- A retired civil engineer who fell down stairs without rails at a police vehicle pound has been awarded R2 881 394.59 in damages.
- The court accepted evidence that his injury reduced his ability to earn income from restoring and selling vintage farming equipment.
- Judge Bezuidenhout described Maker and his expert witness as honest and credible.
Leslie Charles Maker was awarded R2 881 394.59 in damages after suffering serious injuries in a fall at the South African Police Service stolen vehicle pound in Mkondeni, Pietermaritzburg.
Maker took legal action against the Minister of Safety and Security and the Minister of Public Works after he was instructed to enter the pound using an outside, uncovered stairway. While climbing the stairs, he became unsteady, fell and was injured. The stairway had no handrails.
He suffered what the judgment describes as a severely comminuted fracture and dislocation of the left wrist, which failed to heal properly, as well as a head injury. The Minister of Safety and Security conceded full liability for the damages Maker could prove, and the court only needed to determine the amount of compensation.
Loss of income accepted
Maker is a qualified civil engineer who earned his degree in 1976 and held senior positions in both the public and private sectors before retiring in February 2016. After retiring, he restored old farming equipment and sold the refurbished items to supplement his pension income.
He told the court that before the accident, he earned an average profit of about R23 000 a month from his work. After the injury, he needed an assistant, and his profit dropped to about R6 000 a month.
The defence challenged his claim by pointing to the absence of detailed records, bank statements and declared income to SARS. Judge Bezuidenhout said that the Plaintiff and Mr de Vlamingh were both good and honest witnesses who gave their evidence clearly and explained the basis for their submissions.
Judge Bezuidenhout added that it was never challenged that he sold the equipment or made the profit he stated so the evidence in that regard remained unchallenged.
The court found that the loss of income presented by Mr De Vlamingh and Maker was proved on a balance of probabilities and was essentially unchallenged regarding the actual amounts.
Medical evidence and damages
Orthopaedic evidence accepted by agreement showed that Maker sustained a Grade 1 compound comminuted fracture of the left distal radius and ulna. He continues to experience discomfort, restricted movement, stiffness and pain, especially in cold weather. Occupational therapy evidence found that he can still do light to medium physical work but is no longer able to manage heavier physical tasks.
On general damages, Judge Bezuidenhout noted that the injury, considering the reports, means he has limited use of his left arm, and the wrist does cause pain.
After considering similar cases and the facts before the court, Judge Bezuidenhout held that an amount of R500 000 is appropriate in these circumstances for general damages.
The court awarded Maker compensation, including R2 133 365.55 for loss of income, R189 499.35 for future medical expenses, R58 521.69 for past medical expenses and R500 000 in general damages. This brought the total award to R2 881 394.59 plus interest and costs on High Court Scale B.
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