Introduction
The matter concerns a claim for damages arising from an incident
in which the Plaintiff fell into an open manhole while walking
along a pavement in Soweto. The Plaintiff, a resident of the area,
was returning home from a shopping trip and chose to walk along
Chris Hani Road to catch a taxi. While walking briskly and looking
out for a taxi, the Plaintiff's right leg entered an open,
square-shaped manhole situated on the pavement, resulting in
injury. The Plaintiff alleged that the manhole was not covered,
there were no warning signs, and the area was not barricaded. The
Plaintiff was subsequently hospitalised and underwent surgery for
injuries sustained.
The Defendant, the Johannesburg Road Agency, was responsible for
the construction and maintenance of the manhole. The Defendant did
not dispute that the Plaintiff fell into the manhole but raised
issues regarding the Plaintiff's conduct and the
Defendant's own resource constraints. The Defendant
