Cape Town - A runner who participated in a popular ladies’ race along the Sea Point Promenade is being held liable for 30% damages after she collided with a pedestrian, whose fall resulted in hip replacement surgery.
While running along the promenade in 2014, Kristine Kalmer collided with Jasmine Salie, who has since died due to other causes.
Salie had been taking a leisurely stroll with her friend when she was knocked to the ground.
Salie fractured her hip and was taken to hospital by ambulance where she subsequently underwent hip replacement surgery.
She later sued Western Province Athletics (WPA), the race organiser and Kalmer jointly and severally for damages.
The matter was heard in the Western Cape High Court for a second time after Judge Judith Cloete dismissed Salie’s claims with costs.
The matter returned to the high court by virtue of an order of the Supreme Court of Appeal made on July 7, 2021.
Subsequent to the initial trial during 2020, Salie died from causes unrelated to the incident and the appellant, Gaironesa Davids, was substituted in her capacity as the executor of the deceased’s estate.
Spokesperson for the WPA Jakes Jacobs said they received the judgment on Tuesday.
“No comments until the matter is totally concluded,” said Jacobs.
The race, organised by WPA, is an annual athletics sponsored event and comprises three races, all of which start and end at the Cape Town Stadium in Green Point.
The most competitive race is the 10km Grand Prix event.
This is a race in which professional and so-called “elite athletes” participate in, in the hope of clocking either the winning time on the day or a competitive time which is then added to that runner’s times in other similar events held across the country.
Kalmer was, at the time of the collision, an elite athlete who excelled over the 10km distance.
According to the judgment, “Salie was in the wrong place at the wrong time” when she had obliged to a race participant’s request to take a picture of her and a friend.
When wanting to hand back the camera to the excited group, Kalmer approached at “approximately 20kph” and Kalmer “shouted a warning (words to the effect of ‘get out of my way’),” the judgment read.
Judge Patrick Gamble said: “Kalmer went on to describe how her (running) style was to focus on the ground immediately ahead of her, looking down as she concentrated on keeping to her pace. One is left with the abiding impression that she was running as if in a bubble, oblivious to what was happening around her and intent only on achieving her goal of winning the race. Kalmer clearly cannot be criticised for adopting such a style.”
Cape Times
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