Coetzee v McNab (2360 of 2009) [2011] NAHC 212 (20 July 2011)

Coetzee v McNab (2360 of 2009) [2011] NAHC 212 (20 July 2011)

The defendant was primarily negligent for entering the main road under the influence of alcohol, failing to look right a second time, and slowing down in the face of oncoming traffic. The plaintiff was also contributorily negligent for failing to keep a proper lookout and not applying brakes in time, as evidenced by the absence of brake marks and the nature of the collision.

Citation
[2011] NAHC 212
Parties
Plaintiff: Gerhardus Stephanus Coetzee; Defendant: Elvis McNab
Court
High Court
Jurisdiction
Namibia
Judgment Date
20 July 2011
Case Number
2360 of 2009
Procedural Posture
Civil / Judgment
Outcome
liability apportioned; judgment for plaintiff with contributory negligence
Legal Topics
Negligence, Contributory Negligence, Motor Vehicle Accident, Apportionment of Damages
Source Language
English
Delict Civil Procedure Negligence Contributory Negligence Motor Vehicle Accident Apportionment of Damages

Case Brief

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Parties

Gerhardus Stephanus Coetzee

Plaintiff

Elvis McNab

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant was negligent in causing the collision
  2. 2 Whether the plaintiff was contributorily negligent
  3. 3 Apportionment of liability for the collision

Ratio Decidendi

The defendant was primarily negligent for entering the main road under the influence of alcohol, failing to look right a second time, and slowing down in the face of oncoming traffic. The plaintiff was also contributorily negligent for failing to keep a proper lookout and not applying brakes in time, as evidenced by the absence of brake marks and the nature of the collision.

Court Disposition

liability apportioned; judgment for plaintiff with contributory negligence

Orders

  • The defendant is 90% liable for the collision; the plaintiff is 10% contributorily liable.
  • The defendant shall pay to the plaintiff 90% of the damages claimed by the plaintiff.