Retired engineer awarded R2.8 million after serious fall at SAPS vehicle pound

A retired civil engineer has been awarded more than R2.8 million in damages after suffering serious injuries in a fall at a South African Police Service (SAPS) vehicle pound in Pietermaritzburg, following a ruling handed down in the KwaZulu-Natal High Court.

Judge Pieter Bezuidenhout recently delivered the judgment in a case brought by Leslie Charles Maker against the Minister of Safety and Security and the Minister of Public Works.

The claim arose from an incident that occurred in November 2016 at the SAPS Stolen Vehicle Pound in Mkondeni, Pietermaritzburg.

The court heard that Maker had visited the facility and was instructed to use an uncovered outdoor stairway. While climbing the stairs, he lost his balance and fell. The stairway had no handrails. The fall caused a severe comminuted fracture and dislocation of his left wrist, which later failed to heal properly, as well as a head injury.

The Minister of Safety and Security conceded full liability for the incident, leaving the court to determine only the amount of compensation.

At the time of the accident, Maker was 63 years old and recently retired from a long career as a civil engineer. After retirement, he turned his long-standing hobby of restoring vintage farming machinery into a source of income to supplement his pension.

He had been active in the Natal Vintage Tractor and Machinery Club for decades and restored equipment for collectors and museums, often selling items directly to buyers.

Maker testified that before the accident he could carry out the physically demanding restoration work himself and earned an average monthly profit of about R23,000. After the injury, he was unable to perform heavy tasks and had to hire an assistant, reducing his monthly profit to around R6,000. He also described losing the ability to play squash and attend the gym and needing to rely heavily on his right hand.

Medical evidence from an orthopaedic surgeon confirmed that Maker sustained a complex fracture of the left wrist requiring surgical fixation. He continues to experience pain, stiffness and limited movement, particularly in cold weather, and may require further surgery if complications develop. An occupational therapist concluded that he can now only manage work of light to medium physical demand and cannot perform heavier labour.

An industrial psychologist testified that Maker would likely have continued working and earning from his restoration work until at least age 70, possibly to 75, had the injury not occurred. Although Maker kept limited formal records of his sales and admitted he did not declare the income to SARS, the court accepted the evidence that his restoration work generated real profits and that his post-accident earnings had declined significantly.

The defence argued that the activity was merely a hobby and that the absence of detailed financial records and tax declarations made the loss of income difficult to verify. However, the judge found both Maker and the industrial psychologist to be credible witnesses. The court held that the income loss was proven on a balance of probabilities and noted that the defence did not dispute that the sales had taken place or that the profits had been earned.

In assessing general damages, the court compared similar injury cases and considered Maker’s age, the permanent limitations of his wrist, ongoing pain and reduced quality of life. Judge Bezuidenhout concluded that R500,000 was appropriate for general damages.

The final award included R2,133,365.55 for past and future loss of earnings, R189,499.35 for future medical expenses, R58,521.69 for past medical expenses, and R500,000 in general damages, bringing the total compensation to R2,881,394.59.

The court ordered that the amount be paid in a single instalment into the trust account of Maker’s attorneys. Interest will accrue if payment is not made within 30 days. 

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