Another Buffalo bar fight in court
A bar fight at the now infamous Buffalo Recreation Club in Gobabis has resulted in a civil lawsuit in the High Court.
Sascha Bergmann (30) is claiming damages of over N$3.3 million from Kennie Rautenbach (21) for what he describes as a “vicious assault” on 12 August 2017.
According to Bergmann, Rautenbach punched him in the face more than once and smashed his face against the bar counter. Bergmann alleges that Rautenbach assaulted him with “the intention to cause grievous bodily injury”.
The list of injuries Bergmann says he sustained is lengthy. He suffered extensive damage to his right eye, eventually losing it entirely.
Moreover, he says he suffered “orbital floor damage, an undisplaced nasal bone fracture, fractures of several of the walls of his right maxillary sinus, an extensive fracture of the ethmoid bone between the eyes and a mild traumatic brain injury”. He told the court he was humiliated and traumatised by the incident. He suffered severe pain, was hospitalised for medical and surgical treatment, including orbital floor reconstructive surgery, and eventually lost his right eye.
He “suffered and will continue to suffer pain and discomfort as well as permanent disability constituted by the loss of his right eye, a loss of facial sensation, facial nerve damage, impaired vision and a loss of self-esteem.”
Bergmann says he can no longer socialise and interact with others with the same level of confidence, cannot take part in sport and recreational activities requiring normal eyesight and will be compromised in his profession as a diesel mechanic.
He will require future medical treatment as well as psychotherapy, he claims.
His claim of N$3 365 823.45 includes general damages, including pain, discomfort and humiliation; past medical costs; loss of earnings both past and future; and an estimation of future medical bills.
He asked for interest of 20% per year, plus the costs of the lawsuit.
Rautenbach, represented by Jan Greyling, has filed a notice of intention to defend the matter. He denies that he attacked Bergmann. According to him he acted in self-defence, alternatively in response to “severe provocation” by Bergmann.
He says his “actions were reasonable and in immediate and reasonable retaliation to Bergmann's conduct in the circumstances.”
In response Bergmann denied having provoked Rautenbach, arguing that assault cannot be justified by verbal provocation.
On Tuesday, before Judge Shafimana Ueitele, it was agreed that Rautenbach would file an application to stay the High Court proceedings, pending the finalisation of a criminal case to be heard by the Gobabis Magistrate's Court, by 25 March.
Rautenbach was instructed to file his documents to oppose, if so inclined, by 12 April and the matter was postponed to 16 April.
Bergmann is represented by Conrad Marais of Engling, Stritter and Partners.
YANNA SMITH
Sascha Bergmann (30) is claiming damages of over N$3.3 million from Kennie Rautenbach (21) for what he describes as a “vicious assault” on 12 August 2017.
According to Bergmann, Rautenbach punched him in the face more than once and smashed his face against the bar counter. Bergmann alleges that Rautenbach assaulted him with “the intention to cause grievous bodily injury”.
The list of injuries Bergmann says he sustained is lengthy. He suffered extensive damage to his right eye, eventually losing it entirely.
Moreover, he says he suffered “orbital floor damage, an undisplaced nasal bone fracture, fractures of several of the walls of his right maxillary sinus, an extensive fracture of the ethmoid bone between the eyes and a mild traumatic brain injury”. He told the court he was humiliated and traumatised by the incident. He suffered severe pain, was hospitalised for medical and surgical treatment, including orbital floor reconstructive surgery, and eventually lost his right eye.
He “suffered and will continue to suffer pain and discomfort as well as permanent disability constituted by the loss of his right eye, a loss of facial sensation, facial nerve damage, impaired vision and a loss of self-esteem.”
Bergmann says he can no longer socialise and interact with others with the same level of confidence, cannot take part in sport and recreational activities requiring normal eyesight and will be compromised in his profession as a diesel mechanic.
He will require future medical treatment as well as psychotherapy, he claims.
His claim of N$3 365 823.45 includes general damages, including pain, discomfort and humiliation; past medical costs; loss of earnings both past and future; and an estimation of future medical bills.
He asked for interest of 20% per year, plus the costs of the lawsuit.
Rautenbach, represented by Jan Greyling, has filed a notice of intention to defend the matter. He denies that he attacked Bergmann. According to him he acted in self-defence, alternatively in response to “severe provocation” by Bergmann.
He says his “actions were reasonable and in immediate and reasonable retaliation to Bergmann's conduct in the circumstances.”
In response Bergmann denied having provoked Rautenbach, arguing that assault cannot be justified by verbal provocation.
On Tuesday, before Judge Shafimana Ueitele, it was agreed that Rautenbach would file an application to stay the High Court proceedings, pending the finalisation of a criminal case to be heard by the Gobabis Magistrate's Court, by 25 March.
Rautenbach was instructed to file his documents to oppose, if so inclined, by 12 April and the matter was postponed to 16 April.
Bergmann is represented by Conrad Marais of Engling, Stritter and Partners.
YANNA SMITH
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