Court rules in favour of woman who was injured in pothole accident

THE Bloemfontein High Court recently ruled in favour of a woman who suffered injuries after she lost control and crashed the vehicle she and her family were travelling, in due to potholes.

- NADIA KHAN [e-mail]

According to the judgement, Puseletso Masengemi had instituted court action against the Free State MEC for Police, Roads and Transport, after she hit into potholes while travelling along the R34 between Vrede and Memel, on March 29 in 2014.

Masengemi in her summons said that the MEC had a duty of care to ensure that there were adequate warning signs on the R34 road between Vrede and Memel to warn of the dangers, particularly potholes.

She said that the MEC had wrongfully and negligently breached his duty of care and that as a result of that breach, the collision occurred resulting in injuries.

Masengemi said the MEC failed and/ or neglected to properly maintain the R34 between Vrede and Memel and to take reasonable steps to avoid accidents on the said road in circumstances where it could and should have done so, in the exercise of reasonable care.

During the trial, Masengemi testified that her husband drove herself and their two daughters from Van der Bijl Park in Gauteng to Newcastle to visit family.

She said while enroute, her husband stopped the vehicle for her to drive while he and their two daughters remained as passengers.

Masengemi said that as she was driving, her husband alerted her that there were potholes on the road and that she should drive carefully.

She said that her visibility was clear.

Masengemi said as she travelled uphill with a curve in the road she found potholes on the road-surface which she was able to navigate.

She said that she travelled at a speed of 60 kilometres per hour though there were no road signs indicating the speed limit or the presence of potholes.

Masengemi said as she proceeded she successfully negotiated the potholes, coming out of the curve, the road then declined.