Cape Town - A three-judge appeal bench of the Western Cape High Court has awarded the estate of a woman who originally sued SA Olympian Christine Kalmer for R718000 in damages after a 2014 collision, just 30% of her original claim on appeal.
The amount comes to R215400. In March last year, Kalmer, who competed in the women’s marathon event at the 2016 Summer Olympics, successfully defended a R718 000 claim brought against her by Yasmin Salie, who had sued her, along with Western Province Athletics.
In that case, Salie, who has since died from causes unrelated to the incident, claimed Kalmer had pushed her out of the way, causing her to fall and sustain injuries to her right thigh and knee.
The claim was dismissed, as was leave to appeal, but Salie took the matter to the Supreme Court of Appeal, which ordered the Western Cape High Court to hear the appeal, in which Gaironesa Davids was substituted in her capacity as executor of Salie’s deceased estate.
The appeal bench comprised judges Patrick Gamble, Elizabeth Baartman and Nobahle Mangcu-Lockwood. Judgment was written by Judge Gamble, with the other two judges agreeing with his findings.
During last year’s case, a witness, Leoni Olckers, testified she had asked Salie to take a photograph of her and her group during the 2014 Spar ladies’ 10km road race.
Olckers said that after the photograph, she and Salie met in the middle of the pavement, as Salie returned the camera.
Meanwhile, Kalmer came running at speed, shouting at them to get out of the way.
Kalmer testified that Salie stepped into her path while she was running at approximately 20km/h, and that she shouted a warning before raising both arms to brace for the impact.
After they collided, Salie fell to the ground, and the incident on the Mouille Point promenade was said to have cost Kalmer the race.
The judge in the original case dismissed the matter and found neither Kalmer nor Western Province Athletics had been at fault.
Writing the appeal ruling, Judge Gamble found negligence on the parts of both Kalmer and Salie, but argued that Salie must have known there was a race taking place on that day and, as such, was more negligent than Kalmer.
He said: “I consider Salie’s contributory negligence be assessed at 70%. In the result, her estate is entitled to recover no more than 30% of her proven damages from Kalmer.”
On the issue of costs, Judge Gamble said Salie’s estate was entitled to its costs on appeal as against Kalmer, but was liable for the costs on appeal of Western Province Athletics.
He ruled Salie’s estate be entitled to recover 30% of such damages as she may prove against Kalmer.