The Western Cape High Court has issued an order establishing a legal agreement regarding the damages and loss of earnings that should be paid to a man who is about to have his right leg amputated after being pushed out of a moving train.
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This comes after the court determined that lawyers for Masibulele Rautini (34) and the Passenger Rail Agency of SA (Prasa), respectively, acted in his best interests by negotiating settlements, saving the court and counsel a significant amount of time and money.
Rautini, a gardener at Spier Wine Estate earning R1 500 per month, was pushed off the train between Du Toit and Lynedoch stations in Stellenbosch in 2011, prompting him to sue Prasa for damages, loss of earnings and future medical expenses.
The then-21-year-old sustained serious injuries, including severe fractures to his legs and spine.
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The lawyers in the high court prepared joint pre-trial minutes in which they agreed on R1.1 million in damages for Rautini, as well as R439 120 and R1 004 880 for past and future earnings losses, respectively.
The court stated that the pre-trial agreement was intended to expedite the trial and limit the issues before it.
Shortly after the agreement was reached, Prasa’s counsel stated that they did not have a mandate to negotiate a settlement for the claim, only to make representations in court.
The high court determined that when drafting the agreement, the lawyers acted in Rautini’s best interests.
‘They did not have the instructions to settle, but had the instructions to represent the defendant. These instructions, in my view, included the drafting of pleadings on behalf of the defendant, attending pre-trial proceedings, and attending court for the hearing.’
‘Crucially, all amounts contained in the pre-trial minute and in the draft order are consistent with what is contained in the joint reports of the expert witnesses and case law.’
‘Furthermore, upon perusing the joint pre-trial minute, it is evident that both Counsels have applied their minds and considered the relevant case law on general damages, future loss of earnings and the applicable contingencies to cater for the uncertainties.’
‘They have considered the expert reports filed on behalf of the plaintiff and those filed on behalf of the defendant.’
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