COLLISION: Christine Kalmer
Image: File
The Supreme Court of Appeal (SCA) turned down an appeal by seasoned road runner Christine Kalmer against an earlier order that she was liable for 30% of the damages suffered by a member of the public after Kalmer, who was competing in a road race, collided with her.
A three-judge appeal bench of the Western Cape High Court earlier awarded the estate of Yasmin Salie, who originally sued Kalmer for R718 000 in damages after the 2014 collision, just 30 percent of her original claim on appeal.
The incident occurred during a ladies’ race in Cape Town in 2014, on a part of the course that was open to the public on the promenade in Mouille Point.
A witness, Leonie Olckers, testified that while the elite athletes were running, Salie asked her to take a picture of her and her family. After the picture was taken, Olckers walked to Salie to hand the camera back.
They met in the middle of the pavement and were standing still. Next thing, Kalmer collided with Salie, who fell to the ground.
In turning down her appeal, Judge Anton Schippers, who wrote the judgment, said Kalmer was running in the middle of the pavement, which is six metres wide. She could simply have slowed down or run past Salie and Olckers on either side.