Mail & Guardian Reporter
IT is the end of the road for acid-burn victim Bernadette Gibson following the Appellate Division’s decision last week to spike her petition to appeal a R131000 damages award.
Gibson suffered acid burns to her vagina and lower back at the hands of a negligent gynaecologist. But instead of walking away with a R300 000 out-of-court settlement her controversial lawyer, Peter Soller, fought on for a multi-million rand claim.
The out-of-court offer was generous as Gibson did not suffer loss of earning potential, while Soller’s targeted claim was far outside the bounds of precedent.
Judge Claasen of the Rand Supreme Court in the end awarded Gibson R131000, leaving her with a bill for both sides’ legal costs approaching R500 000. Judge Claasen refused her leave to appeal, meaning her last hope was her petition to Bloemfontein. But not only did the Appellate Division reject her petition to appeal, it also awarded costs against her.
Soller’s handling of the case drew substantial criticism in certain legal circles. Soller, who was previously insolvent, has yet to pay at least one of the expert witnesses he called to the stand during the trial.