Kornhub
Blackburn Fan
http://www.timeslive.co.za/sundaytimes/article145732.ece/Gran-battles-Pick-n-Pay
" Elizabeth van Niekerk is not your average 81-year-old. She drives a silver sports coupé, loves diamonds and wears impeccably applied make-up to complement her flaming red hair.
But her social life "went to hell" after she put on a pair of kitten heels and went to buy hake at a supermarket, where she had a nasty fall, injuring her back and hip.
"I wasn't going to leave it at that; Pick n Pay had to take responsibility," said Van Niekerk.
The great-grandmother took on the retail giant in the High Court in Cape Town and won the first round of her battle for damages this week.
Judge Vincent Saldanha found that Pick n Pay's negligence had led to Van Niekerk's fall and gave her the green light to claim for damages.
But because it can take years for trial dates to be allocated at the congested high court, Van Niekerk joked that she might not live to collect a compensation cheque.
In 2004 she fell at the Melkbosstrand Pick n Pay near Cape Town. The heel of her white strapless sandal became lodged in a metal grid covering a drain near the fish counter and she lost her balance.
Soon afterwards, she experienced severe pain in her hip and lower back and eventually had to undergo surgery.
Since then, things have not been the same for the feisty pensioner.
"I used to play bowls. I've played for 24 years, now I can't. I can't even wear heels; the doctors said I have to wear flat shoes. And I don't have a social life any more," said Van Niekerk.
But she refuses to turn into a boring old granny. She wears makeup every day, even when she is alone at home, chooses her outfits carefully and continues dying her hair red because "it goes with my green eyes, you see".
As a youngster, Van Niekerk won a Sophia Loren-lookalike competition. She married at 18 and has three children, three grandchildren and two great-grandchildren.
She drives a sports car, has travelled extensively, fell in love with the town of Sorrento in Italy and hopes to set sail on a cruise ship again.
"I only got old in the last few years," she said.
Judge Saldanha found her recollection of the day of the fall impressive: "(Van Niekerk), despite her advanced age, impressed as particularly lucid in her recollection of the incident and what she had done on the day in question. She ... remained steadfast in her version," the judge said.
Her lawyers argued it was the store's responsibility to ensure the safety of its customers and warn them of the danger posed by the drain.
Pick n Pay, however, argued that it was Van Niekerk's responsibility to keep a proper lookout.
Damages will be decided at a separate court hearing.
Van Niekerk's lawyer, Tzvi Brivik, said it was difficult to obtain trial dates in the high court.
"It is likely that a date will be allocated only towards the end of next year, if not in early 2011. Clients, particularly injured persons, are forced to wait a very long period of time to have their matter resolved. Often their injuries are debilitating and they have no funds with which to seek medical care," Brivik said.
Hendrik Greyvenstein, who acted for Pick n Pay, said he could not comment because the matter was yet to be finalised."
Ok...so this might be a tad old and came across this article randomly but whose fault do you think it is? I don't think she can blame pick n pay...this is not America lol
" Elizabeth van Niekerk is not your average 81-year-old. She drives a silver sports coupé, loves diamonds and wears impeccably applied make-up to complement her flaming red hair.
But her social life "went to hell" after she put on a pair of kitten heels and went to buy hake at a supermarket, where she had a nasty fall, injuring her back and hip.
"I wasn't going to leave it at that; Pick n Pay had to take responsibility," said Van Niekerk.
The great-grandmother took on the retail giant in the High Court in Cape Town and won the first round of her battle for damages this week.
Judge Vincent Saldanha found that Pick n Pay's negligence had led to Van Niekerk's fall and gave her the green light to claim for damages.
But because it can take years for trial dates to be allocated at the congested high court, Van Niekerk joked that she might not live to collect a compensation cheque.
In 2004 she fell at the Melkbosstrand Pick n Pay near Cape Town. The heel of her white strapless sandal became lodged in a metal grid covering a drain near the fish counter and she lost her balance.
Soon afterwards, she experienced severe pain in her hip and lower back and eventually had to undergo surgery.
Since then, things have not been the same for the feisty pensioner.
"I used to play bowls. I've played for 24 years, now I can't. I can't even wear heels; the doctors said I have to wear flat shoes. And I don't have a social life any more," said Van Niekerk.
But she refuses to turn into a boring old granny. She wears makeup every day, even when she is alone at home, chooses her outfits carefully and continues dying her hair red because "it goes with my green eyes, you see".
As a youngster, Van Niekerk won a Sophia Loren-lookalike competition. She married at 18 and has three children, three grandchildren and two great-grandchildren.
She drives a sports car, has travelled extensively, fell in love with the town of Sorrento in Italy and hopes to set sail on a cruise ship again.
"I only got old in the last few years," she said.
Judge Saldanha found her recollection of the day of the fall impressive: "(Van Niekerk), despite her advanced age, impressed as particularly lucid in her recollection of the incident and what she had done on the day in question. She ... remained steadfast in her version," the judge said.
Her lawyers argued it was the store's responsibility to ensure the safety of its customers and warn them of the danger posed by the drain.
Pick n Pay, however, argued that it was Van Niekerk's responsibility to keep a proper lookout.
Damages will be decided at a separate court hearing.
Van Niekerk's lawyer, Tzvi Brivik, said it was difficult to obtain trial dates in the high court.
"It is likely that a date will be allocated only towards the end of next year, if not in early 2011. Clients, particularly injured persons, are forced to wait a very long period of time to have their matter resolved. Often their injuries are debilitating and they have no funds with which to seek medical care," Brivik said.
Hendrik Greyvenstein, who acted for Pick n Pay, said he could not comment because the matter was yet to be finalised."
Ok...so this might be a tad old and came across this article randomly but whose fault do you think it is? I don't think she can blame pick n pay...this is not America lol
