Pretoria - A cricket fan who sent his mate flying for obscuring a TV view when he dearly wanted to watch a critical moment on television during an important game, is liable for the damages.
This drama unfolded at the golf club in Sun City in 2018. AB de Villiers was batting the last over with a couple of balls left when a golfer identified as J Jordaan became frustrated as he wanted to see this critical moment of the cricket game.
But fellow club member AE Ketcher would not budge.
Jordaan gave the apparently intoxicated Ketcher “quite a push” which saw him flying and fracturing his shoulder.
Ketcher subsequently instituted a damages claim against Jordaan.
Both Ketcher and Jordaan were keen golfers and attended a golf tour at the time. It is not clear from the Gauteng High Court, Pretoria, judgment whether they were spectators or players, although both were members of the Sun City golf club at the time.
Ketcher told the court that Jordaan had assaulted him by violently pushing him aside, causing him to lose his balance. He said he fell to the ground and landed on his left shoulder and hit his head against the wall.
The assault took place in public and within sight of members of the public, Ketcher said.
As a result he sustained a fracture to his shoulder and had to undergo surgery. It required surgical fixation, screws and suspensory fixation with a tight rope.
Jordaan in turn claimed that Ketcher was the cause of his own injuries. Ketcher had a glass of whisky in one hand and was standing in front of the television causing a nuisance, he said.
He was asked to move to the side so that the television was not obstructed further. Jordaan said that while moving to the side, Ketcher’s foot connected with the couch, resulting in him losing his balance and falling against the wall.
Ketcher did not attempt to prevent the fall, he said. Instead, he tried to keep the glass of whisky in his hand so that it would not spill.
Ketcher, whose memory of the incident was apparently not too clear, admitted that he might have obscured the TV set by either walking past it several times or standing in front of it. He said Jordaan was keen on watching the important cricket game, and had violently pushed him out of the way.
Acting Judge PJ Mogotsi said Ketcher clearly did not remember much as he was intoxicated. But, the judge concluded, it was clear that he obscured Jordaan’s view and that the latter pushed him out of the way.
“It is probable that he quickly approached the plaintiff and violently pushed him not to miss that last crucial over. The plaintiff was under the influence of liquor and does not have an independent recollection of the events,” the judge said.
Given the seriousness of Ketcher’s injuries, the judge said it must have been a hefty push. Jordaan also resigned from the golf club afterwards.
The judge said Jordaan was wholly liable for whatever damages Ketcher could prove he had suffered.
Pretoria News