Biddlecombe v Road Accident Fund (09/34369) [2011] ZAGPJHC 193 (8 December 2011)

Biddlecombe v Road Accident Fund (09/34369) [2011] ZAGPJHC 193 (8 December 2011)

The court found that both the plaintiff and the insured driver contributed equally to the cause of the collision. The plaintiff failed to keep a proper lookout and did not regulate his speed when approaching the intersection, despite having sufficient opportunity to observe the insured truck entering his lane of travel. The insured driver, on his own evidence, moved precipitately across the plaintiff's lane of travel and did not ensure that the intersection was clear before executing the right turn. The evidence of the independent witness was treated with caution due to material contradictions. Expert testimony supported the conclusion that the plaintiff could have avoided the collision...

Citation
[2011] ZAGPJHC 193
Parties
Plaintiff: James Devereaux Biddlecombe; Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
8 December 2011
Case Number
09/34369
Procedural Posture
Civil Trial / Liability Determination After Quantum Settlement
Outcome
Judgment for the plaintiff against the defendant, with liability apportioned at 50% due to contributory negligence.
Judges
G S S Maluleke
Legal Topics
Road Accident Fund Act, Contributory Negligence, Apportionment of Damages, Motor Vehicle Collision, Duty of Care at Intersection
Delict Road Accident Fund Act Contributory Negligence Apportionment of Damages Motor Vehicle Collision Duty of Care at Intersection

Case Brief

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Parties

James Devereaux Biddlecombe

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Liability Determination After Quantum Settlement

Legal Issues

  1. 1 Was the collision caused solely by the negligent driving of the insured driver or did the plaintiff contribute to the cause of the collision?
  2. 2 Did the plaintiff keep a proper lookout and regulate his speed when approaching the intersection?
  3. 3 Is the defendant liable for the full quantum of damages or should liability be apportioned due to contributory negligence?

Ratio Decidendi

The court found that both the plaintiff and the insured driver contributed equally to the cause of the collision. The plaintiff failed to keep a proper lookout and did not regulate his speed when approaching the intersection, despite having sufficient opportunity to observe the insured truck entering his lane of travel. The insured driver, on his own evidence, moved precipitately across the plaintiff's lane of travel and did not ensure that the intersection was clear before executing the right turn. The evidence of the independent witness was treated with caution due to material contradictions. Expert testimony supported the conclusion that the plaintiff could have avoided the collision...

Court Disposition

Judgment for the plaintiff against the defendant, with liability apportioned at 50% due to contributory negligence.

Orders

  • Defendant to pay 50% of the plaintiff's proven and agreed damages of R14,100,000.00 and provide an undertaking in terms of section 17 of the Road Accident Fund Act.
  • Interest on the said sum at 15.5% per annum, calculated from 15 days from date of judgment to date of payment.