court finds metrorail negligent
16 September 2008

The Supreme Court of Appeal (SCA) on Tuesday found that both a Metrorail guard and Metrorail were negligent in the amputation of a Western Cape man's foot.  David Witter tried to climb aboard a moving train through a door which did not close before the train started moving at the Witteboom railway station, in the Western Cape, in February 2002.

While running next to the train he fell between the train and the platform. His right foot and ankle were amputated by the train's wheels.

The SCA held that the guard on the train was negligent in failing to ensure that the doors of the carriage were closed.  Alternatively, Metrorail was itself negligent in failing to put the necessary procedures in place to prevent the incident.  Nevertheless, the court reduced Witter's damages by 50 percent because he contributed to the negligence in attempting to board a moving train.

The courts were asked only to decide on liability in the matter.

Sapa, www.capetimes.co.za