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The Western Cape High Court ordered Rainbow Rail Cleaning to pay Mohlaphuli R12.9 million in damages as a result of what happened to his son, Evan.
Cape Town – What started out as a pleasant Saturday afternoon outing for the Mohlaphuli family seven years ago ended in tragedy when their 10-year-old son was flung from the back of the family’s Isuzu bakkie. The vehicle overturned when it drove over an uncovered manhole in a road near Paarl.
The son, who is now 17, was left severely brain damaged and lost vision in his left eye. He is unable to do simple tasks other teenagers his age can do.
In his representative capacity, the father, Eric Mohlaphuli, sued the SA National Road Agency Limited (Sanral) and road maintenance close corporation, Rainbow Rail Cleaning Services, for damages in the Western Cape High Court.
This week the court ordered Rainbow Rail Cleaning to pay Mohlaphuli R12.9 million in damages as a result of what happened to his son, Evan.
The case against Sanral has already been settled.
Details of the effects of the accident on Evan, according to his father and expert witnesses, emerged in a judgment handed down by Acting Judge Judith Cloete on Monday.
His 52-year-old father – a crime investigations detective at UCT – testified that, before the accident, Evan was an active, bright young boy who excelled at drama and had no evident problems with his schoolwork.
From an early age, he had a passion for cars and trucks and, as a child, he dreamed of following in the footsteps of his aunts and uncles by becoming a teacher.
However, his personality changed after he was injured and, according to his father, Evan started having “uncontrollable and frightening” outbursts of anger.
He has been enrolled at a private school where he receives special attention.
Embarrassed by his outer appearance, having been disfigured by the surgeries he underwent, Evan often covers his head when he goes outside.
While he can bath and dress himself, and brush his teeth, he struggles with other simple tasks, such as grocery shopping,travelling on public transport and taking prescribed medication.
The past seven years had been very traumatic for Mohlaphuli and his wife, the father told the court.
And, in her judgment, Judge Cloete praised their efforts: “It became apparent to me during the course of the plaintiff’s testimony that he and Evan’s mother – quite understandably – had not anticipated the extent of those changes, nor have they been sufficiently informed of how to cope with them. They have struggled along, remaining committed and devoted to this child, without proper support or advice, and it is a tribute to both of them that Evan has progressed scholastically and managed daily living to the extent that he has.”
The damages she awarded to Mohlaphuli includes R6.5m for future medical expenses, R4.7m for loss of income and R1m for general damages.
Mohlaphuli’s attorney, Tzvi Brivik, told the Weekend Argus this week that his client was “happy with the outcome”.
“Rainbow Maintenance, which maintains the highways on behalf of the South African National Road Agency, has accepted liability. Our client sustained a severe brain injury and as a result will require constant care and supervision.
“He will also remain unemployed for the rest of his life. Our clients are extremely happy with the outcome as they will now be able to afford the medical treatment and special schooling which their son so desperately needs,” he added.
Weekend Argus
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Family awarded R12.9m for son’s crash injuries