Boroko v Road Accident Fund (2021/52359) [2025] ZAGPJHC 502 (26 May 2025)

Boroko v Road Accident Fund (2021/52359) [2025] ZAGPJHC 502 (26 May 2025)

The court found that the insured driver was negligent for failing to provide adequate warning and for leaving a stationary vehicle on the freeway, which was the primary cause of the collision. However, the plaintiff contributed to the accident by failing to attempt any evasive manoeuvre, as would be expected of a reasonable driver in the circumstances. The court exercised its discretion to apportion liability, holding the defendant liable for 90% of the plaintiff's proven damages and attributing 10% contributory negligence to the plaintiff.

Citation
[2025] ZAGPJHC 502
Parties
Plaintiff: Phasha Hemilton Boroko; Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
26 May 2025
Case Number
2021/52359
Procedural Posture
Default Judgment / Merits Only; Quantum Postponed
Outcome
Defendant liable for 90% of plaintiff's proven damages; costs awarded to plaintiff.
Judges
Makgate
Legal Topics
Road Accident Claim, Negligence, Apportionment of Liability, Default Judgment
Delict Civil Procedure Road Accident Claim Negligence Apportionment of Liability Default Judgment

Case Brief

Summary, issues, holding and outcome

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Parties

Phasha Hemilton Boroko

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Default Judgment / Merits Only; Quantum Postponed

Legal Issues

  1. 1 Whether the insured driver was negligent and caused the collision.
  2. 2 Whether the plaintiff contributed to the accident and if apportionment of liability is warranted.

Ratio Decidendi

The court found that the insured driver was negligent for failing to provide adequate warning and for leaving a stationary vehicle on the freeway, which was the primary cause of the collision. However, the plaintiff contributed to the accident by failing to attempt any evasive manoeuvre, as would be expected of a reasonable driver in the circumstances. The court exercised its discretion to apportion liability, holding the defendant liable for 90% of the plaintiff's proven damages and attributing 10% contributory negligence to the plaintiff.

Court Disposition

Defendant liable for 90% of plaintiff's proven damages; costs awarded to plaintiff.

Orders

  • The Defendant is liable for 90% of such loss as agreed or as proven by the Plaintiff.
  • The Defendant is ordered to pay the Plaintiff’s costs on High Court Scale B.