According to the complainant’s legal representative, Kenny Smith, of Tuckers Inc, this case is important as he is unaware of any case where such a settlement of this magnitude was reached in respect of a pothole claim.
“Some would say it is groundbreaking,” said Smith.
In March 2014, while driving a vehicle at or near Haggie Road, Dunswart, Thomas Lourens van der Merwe, a local businessman, collided with a pothole.
According to Smith, the collision was such that it caused the vehicle to collide with a wall.
Van der Merwe sustained injuries to the head, whiplash spinal injuries, injuries to his neck, injuries to his left hand, left knee and left ribs, broken teeth, loss of feeling to his left hand, continuous headaches and emotional, psychological and psychiatric shock.
Van der Merwe incurred further consequential effects to his weight and standard of living, which resulted in further operations.
Legal action commenced against Ekurhuleni Metro in 2014, with the matter being settled in January this year for the sum of R951 313.56 plus costs.
