By Wanique Block
Judge Read Strydom has denied a mothers R5 million claim for her son who lost the tip of his big toe in a car accident.
Now 12-years-old, the boy was six weeks old at the time of the car accident.
In addition to refusing the Road Accident Fund pay out, Judge Strydom also denied to grant an order to settle the legal bills of medical experts.
The medical experts were called by the mother to justify and defend why her sons toe was worth more than R5 million.
The court heard that although his toe was injured in the accident, the child loved playing football and suffered no major lasting effects following the accident in 2010.
At the time of the accident, the child was a passenger with his mother in a vehicle.
As a result of this accident the child suffered injury to his foot and toes, which led to a portion of his left toe being amputated.
The mother’s damages claim against the RAF escalated from R500 000 to R5 411 949.
Plastic surgery, trauma, multiple bruises, collar bone fracture and brief loss of consciousness was listed and reported by his mother as justification for the R5 million.
“In my view, the plaintiff has failed to prove as the experts called by her relied too heavily on inference and speculation to support the claim of the child. The court has not been convinced and the plaintiff failed to prove, on a balance of probabilities, that the injuries sustained by the minor child have diminished his future earning capacity and the claim in this regard should be dismissed,” Judge Strydom said.
Read Next: “To new beginnings” – A look inside Mohale’s cleansing ceremony
