[1] The plaintiff sued the defendant, a legal person established in terms of Section 22 of the Legal Succession of the South African Transport Services Act. No.9 of 1989, initially known as the South African Rail Commuter Corporation Limited until commencement of Legal Succession to the South African Transport Services Amendment Act No 38 of 2008.

[ 2] The action is for damages suffered as a result of injuries sustained in a train collision that occurred between Pholomong and Mzimhlophe railway stations in Soweto on the 19 of May 2011.

[3] The matter became defended and it proceeded to trial on 22 July 2013. On the date of trial, the parties had agreed to separate merits and quantum. We had to determine the merits first.