No response to manhole injury claim
‘The next minute, I felt no ground underneath my feet'
AN uMhlathuze resident who was injured after falling into an open manhole opposite the Indoor Cricket Arena more than two years ago, says the municipality is ignoring all legal correspondence pertaining to a damages claim instituted by his lawyer.
A municipality employee told Stephen Erasmus’s lawyer that the city’s insurance department said there was no proof that the manhole was uncovered.
This despite photos of the open manhole, the complainant’s injuries and a letter written by the Richards Bay Indoor Sport Arena confirming that at least three people fell into the manhole between 2 February and 7 May 2014.
Erasmus sustained open wounds on both legs and his medical expenses alone amounted to R20 000.
‘On 24 April 2014 I went to play action cricket at the Indoor Arena in Dollar Drive at around 7.30 pm.
‘The street lights were out of order and it was dark. I got out of my bakkie and walked to the arena’s entrance.
‘The next minute, I felt no ground underneath my feet.
‘I had fallen into a hole and I had to receive stitches and wound dressing at the hospital emergency room.’
First incident
According to a letter by Eugene Zwart of the Indoor Arena, Erasmus was the second person to fall into the hole.
‘The first incident took place on 2 February when one of our players left the arena at night to go to his car. He sustained bad injuries on his leg.’
According to Zwart, the situation was reported to the municipality and the drain was then covered with a cement slab, which was removed shortly after.
A woman then fell into the drain on 7 May, sustaining minor arm injuries.
The open storm water drain was only covered on 13 May.
Erasmus claimed medical expenses, future medical expenses and general damages in the amount of R90 000.
Roberto del Vecchio of Thorrington-Smith & Silver confirmed that summons was issued and served on the municipality.
‘They did not file a Notice of Intention to Defend. We now intend to apply for default judgement.’
On 7 May 2014 a resident wrote a letter to the Bay Watch Eyethu, stating there were two open manholes on Davidson Lane next to the pedestrian walkway near the crèche.
She said there were no red demarcation tape or any other cautionary measures taken to alert pedestrians of the danger.
At the time of going to print, the municipality has not furnished a response.
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