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Maria Williams celebrates Supreme Court ruling as Pick n Pay's appeal is dismissed

Philippa Larkin|Published

Maria Williams has welcomed the Supreme Court of Appeal’s decision to dismiss Pick n Pay’s final appeal in her long-running slip-and-fall case.

Image: File

Maria Williams has welcomed the Supreme Court of Appeal’s decision to dismiss Pick n Pay’s final appeal in her long-running slip-and-fall case, saying the ruling finally brings certainty after years of emotionally draining litigation.

Williams is the widow of late Springbok rugby legend Chester Williams.

“This has been a long and emotionally draining process,” Williams said. “I’m grateful that responsibility has finally been acknowledged and that I can now focus on my recovery and moving forward.”

The SCA ruling brings a decisive end to the merits phase of the case, which stems from a 2017 incident at a Pick n Pay store in Cape Town, and clears the way for the quantification and settlement of damages.

In its latest judgment, the SCA dismissed Pick n Pay’s application for reconsideration with costs, finding that the retailer had failed to show exceptional circumstances or any risk of a grave injustice should leave to appeal be refused.

The court reaffirmed that Pick n Pay had breached its duty to provide reasonably safe premises for customers, despite having outsourced cleaning services to a third-party contractor. While the retailer was found negligent, the court confirmed that its cleaning contractor, Bluedot, remains contractually liable to indemnify Pick n Pay for any damages ultimately awarded.

The case dates back to November 2017, when Williams slipped on an oily substance while shopping at Pick n Pay’s N1 City Mall store in Goodwood, Cape Town. She sustained injuries to her hip and shoulder that required ongoing medical treatment.

According to court findings previously reported by IOL, Williams noticed an orange-coloured, oily substance on her shoe after the fall. Although Pick n Pay initially undertook to cover her medical expenses, it later failed to do so, prompting her to institute legal proceedings in the Western Cape High Court.

In September 2023, the High Court ruled in Williams’ favour, holding Pick n Pay fully liable for the injuries she suffered. The retailer’s subsequent attempts to appeal that ruling — including a petition to the SCA — were all refused.

In dismissing the final application, the SCA found no exceptional circumstances, no reasonable prospects of success, and no risk of a failure of justice should leave to appeal be denied. Costs were awarded against Pick n Pay.

Attorney Anthony Batchelor of A Batchelor & Associates, who represents Williams, said the judgment finally ends the liability dispute.

“This closes the door on the merits of the case,” Batchelor said. “The matter now moves to the quantum phase, where damages will be finalised. Based on current medical assessments, the claim is expected to be in the region of R500 000, largely relating to ongoing and future medical treatment.”

Batchelor confirms that while Bluedot had awaited the outcome of the appeals before engaging, the legal teams will now enter settlement discussions to avoid a further trial on quantum.

“Our intention is to resolve this efficiently and proportionately,” he said. “This was never a case about inflated damages, it’s about accountability and fair compensation.”

With all appeals exhausted, the parties will now exchange updated medical reports and attempt to settle the quantum of damages. If settlement cannot be reached, the matter will proceed to trial on quantum alone.

For now, Batchelor said, “The SCA’s ruling stands as a firm signal that repeated appeals without merit, even in the name of reputation, will not be indulged.”

For Williams, the outcome represents more than a legal victory.

“I hope this serves as a reminder that ordinary consumers should not have to fight for years just to have responsibility acknowledged,” she said.

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