The appellant, Ms Gugu Precious Mthembu, instituted a delictual claim for damages against Transnet t/a Metrorail in the South Gauteng High Court, alleging that she sustained serious injuries at Tembisa Station on 25 May 2002 due to the negligence of Metrorail’s employees. She claimed that while boarding a stationary train, it suddenly departed, causing her to strike her head and fall onto the platform. The trial court separated the issue of liability and found in her favour. On appeal, the full bench of the High Court overturned this finding and granted absolution from the instance, holding that the trial court had materially misdirected itself in its evaluation of the evidence, particularly by ignoring the evidence of a security guard, Ms Phasha, whose contemporaneous report corroborated the respondent’s version that the appellant collided with the train before it stopped. The appellant then sought special leave to appeal to the Supreme Court of Appeal.