Quadriplegic
As a result, Mofoka lost control of the vehicle and suffered serious injuries, rendering him a quadriplegic, while the passenger was also injured and hospitalised. After the accident, Mofoka instituted legal action to claim compensation for his injuries.
Mofoka, however, died after the pleadings had closed. On February 4, 2021, Mofoka was substituted by the executor of his estate as the plaintiff.
In his pleadings, Mofoka submitted, among other reasons, that the provincial road department failed to maintain the relevant road in good repair and that the department and its workers failed to display appropriate road signs in advance of such potholes, warning motorists of the potholes so that motorists could adjust their driving in a manner appropriate to the existing road conditions.
Sitting Judge Lawrence Lever, however, held…