South Africa 24.4.2014 07:00 am

Pothole: disabled claims R16.6m

Image courtesy stockxchnge.com

Image courtesy stockxchnge.com

A Mokopane man who is wheelchair-bound after he lost control of his car after hitting a pothole on a provincial road four years ago, is suing the Limpopo roads and health MEC’s and Sanral for R16.6 million damages.

The claim by a curator, who was appointed to assist Jeremia

Herbst, 59, with his claim for the injuries he sustained in the accident on the R101 in November 2008, was this week removed from the North Gauteng High Court roll for a settlement.

Herbst crashed into a telecommunications mast next to the R101 after his car hit two potholes where lanes converged at a sharp angle in the road, which was being resurfaced at the time.

It was alleged in court papers the negligence of the roads MEC, Sanral and two companies involved in the construction had caused his accident.

Herbst sustained severe head injuries and numerous fractures in the accident, causing a total change of personality, severe cognitive decline, emotional instability and an inability to function independently.

Paramedics attended to Herbst at the scene, whereafter he was admitted to the Mokopane Hospital. It was alleged in court papers that the paramedics and medical staff at the hospital had been negligent by failing to properly examine, diagnose and treat Herbst for his severe injuries.

Herbst was allegedly intubated into the esophagus instead of his air passage, which resulted in irreversible intracranial pressure and permanent brain damage.

Medical staff also allegedly failed to take timeous steps to avoid the severity of the brain damage.

As a result Herbst is wheelchair-bound and will never regain full mobility.

He is unable to care for himself, needs extensive future medical treatment and will be dependent on 24-hour special care for the rest of his life.

Herbst was employed in telesales at a car dealersip at the time, but will never be able to work again.

 

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