Bainton v Road Accident Fund (4559/2016) [2018] ZAGPJHC 10 (31 January 2018)

Bainton v Road Accident Fund (4559/2016) [2018] ZAGPJHC 10 (31 January 2018)

The court found that the driver of the stationary Combi was causally negligent for leaving the vehicle in the middle lane of a public highway without warning approaching vehicles, thereby creating a dangerous obstruction. The plaintiff was also found to be causatively negligent for following too closely behind the vehicle in front, failing to leave sufficient distance to react to sudden emergencies. Despite the defendant's concession regarding following distance, the court held that such a concession does not bind the client if it is incorrect in law. The court apportioned liability at 20% to the plaintiff and 80% to the defendant, concluding that the primary cause of the collision was...

Citation
[2018] ZAGPJHC 10
Parties
Plaintiff: Wayne Michael Bainton; Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
31 January 2018
Case Number
4559/2016
Procedural Posture
Civil Trial / Judgment
Outcome
Judgment for the plaintiff with apportionment of liability: 80% defendant, 20% plaintiff.
Judges
Van der Linde
Legal Topics
Apportionment of Negligence, Road Accident Liability, Contributory Negligence, Damages Assessment
Delict Apportionment of Negligence Road Accident Liability Contributory Negligence Damages Assessment

Case Brief

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Parties

Wayne Michael Bainton

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Judgment

Legal Issues

  1. 1 Was the driver of the stationary Combi negligent in causing the collision.
  2. 2 Was the plaintiff also negligent in failing to avoid the collision.
  3. 3 What is the appropriate apportionment of liability between the parties.

Ratio Decidendi

The court found that the driver of the stationary Combi was causally negligent for leaving the vehicle in the middle lane of a public highway without warning approaching vehicles, thereby creating a dangerous obstruction. The plaintiff was also found to be causatively negligent for following too closely behind the vehicle in front, failing to leave sufficient distance to react to sudden emergencies. Despite the defendant's concession regarding following distance, the court held that such a concession does not bind the client if it is incorrect in law. The court apportioned liability at 20% to the plaintiff and 80% to the defendant, concluding that the primary cause of the collision was...

Court Disposition

Judgment for the plaintiff with apportionment of liability: 80% defendant, 20% plaintiff.

Orders

  • The defendant is ordered to pay the plaintiff R724,934.95.
  • The defendant is ordered to pay the costs of suit.