Pothole victim sues Tshwane

Published Aug 5, 2010

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By Zelda Venter

High Court Reporter

An East Lynne woman who severely injured herself when she drove her car into a pothole more than 14 years ago, is claiming R488 000 in damages from the Tshwane Metro Council, blaming it for her accident.

Anna Dercksen, 33, said in papers before the Pretoria High Court that the council had a duty to maintain the city's roads.

Dercksen was a student hairdresser in March 1996 when she travelled along Breed Street in Montana, north of Pretoria.

She drove into a hole in the tar surface and suffered several injuries.

These included a brain injury, fracturing both her legs in several places - from her upper thigh to her ankle - and a perforated intestine.

She had to undergo several operations and was in the orthopedic section of the then HF Verwoerd Hospital for three months.

Dercksen walked with the aid of crutches for a long time after being discharged and spent some time confined to a wheelchair.

She had to abandon her planned career as a hairdresser as she could not stand for a lengthy period and has not worked since the accident.

Dercksen is blaming the council, stating that it omitted to maintain the road surface. The council at least had a duty to warn motorists of the pothole, she said.

The council objected to the fact that the matter only came before a court at this late stage.

It stated that Dercksen issued summons in June 1999 and the council, at that stage, indicated it would defend the matter.

Only in 2008 did she apply for a trial date at court, it said. For about eight years, she did "nothing" about her claim. The council said the court should find her summons had expired and her claim should thus be turned down, it argued.

Dercksen did not give an explanation in court papers as to why the case has only now got to court.

On the merits of the case, the council denied liability and said Dercksen was the author of her own misery, as she should have kept a lookout as to where she was driving.

The court this week, by agreement, ordered it would first determine whether the council was indeed negligent and liable, before it determined how much damage she had suffered.

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