Durban law firm faces consequences for mishandling 1995 RAF claim.
The KwaZulu-Natal High Court in Durban has ruled that a Verulam-based law firm is liable for professional negligence after allowing a man's Road Accident Fund (RAF) claim to lapse, bringing an end to a legal battle that stemmed from a crash more than 31 years ago.
Judge Hlatshwayo dismissed RK Nathallal and Company's special plea that the claim had expired and found the firm liable to compensate Dean Ramballi for all damages he can prove at a later stage.
The case arose from a motor vehicle collision in March 1995, when Ramballi was still a minor. He suffered serious head injuries after being flung from a vehicle and striking his head on the road. His father, Harrinarain Ramballi, approached RK Nathallal and Company in May 1996 to pursue compensation from the then Multilateral Motor Vehicle Accidents Fund, the predecessor to the RAF.
The firm lodged the claim in March 1997 and later issued summons against the RAF in March 2001. However, according to the judgment, the firm failed to obtain the necessary medico-legal reports, failed to take meaningful steps to prosecute the action and ultimately allowed the claim to lapse.
