A 60-year-old former domestic worker is suing a major retail supermarket in Ekurhuleni for R600,000 in damages after a heavy-duty trolley fell on her.
Monica Sibeko’s life changed the day she walked in into InOut Supermarket in Springs in September 2017 when a delivery truck from Tradeport Distribution was parked near the customers’ entrance. It had a stock-loading trolley on top.
According to Sibeko, the unattended trolley dislodged from the truck and rolled towards her and crashed on her.
“I remember feeling the load of grocery falling heavily on me while I was suffocating under it and crying for help. I was lying on my own blood. The staff tried to reach out and help me,” recalled Sibeko. She was admitted to hospital for three weeks as doctors tried to save her severely broken foot and injured hip.
After being discharged, the mother of two said she relied on her children to assist her with bathing, cleaning the house and going to monthly medical check-ups for the leg that was nearly amputated.
“I had to get a lawyer and legal advice because nothing was happening. The shop was not willing to assist me. The managers folded their hands and bluntly told me I just had to accept their apology and move on because the company had no benefit for the injuries of customers,” she said.
Sibeko now lives on pills and monthly check-ups because of the severity of her injuries. She attended wound clinic for two years and also quit work because of her injuries. “I have acquired medical bills and I had no other source of income. I only qualified for the old age grant this year.”
Sibeko’s attorney, Thabang Mathiba, who took the case on contingency, served the supermarket owners and Tradeport with summons in September last year after the shop showed little remorse to Sibeko’s plight. The R600,000 lawsuit includes income loss and medical expenses.
“I took over the case just before 2020 and was able to start from scratch. However, the matter was already standing for two years,” Mathiba said.
One can’t sue for a matter that’s older than three years.
“It’s been a three-year-long battle of exchanging pleas and letters because all processes had to be followed. I still believe that there was no need for us to issue summons because they initially acknowledged vicarious liability and did not dispute her injuries. The issuing of summons was a desperate move from my side after I realised that they began changing their tone.”
“They have submitted a claim that the summons have passed their time [three years], however, that does not take away the fact that my client was injured on their premises by an object that fell from a delivery vehicle.”
Mathiba said the company had shown no remorse because they had gone all out to avoid paying her.
Glen Khumalo, InOut regional manager, said the company was investigating the matter. “Because the matter dates back to 2017 and so many managers have been changed and replaced, we need to investigate the matter.” He said its legal team would engage further with Sibeko’s lawyer.
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