Bosman obo Bosman and Another v Road Accident Fund (A746/2010) [2012] ZAGPPHC 190 (24 August 2012)

Bosman obo Bosman and Another v Road Accident Fund (A746/2010) [2012] ZAGPPHC 190 (24 August 2012)

The court held that the insured driver was not negligent in entering the intersection when the robot turned green. There was no evidence that the insured driver saw or should have seen the motorcycle approaching at high speed and against a red light. The presence of a police vehicle with flashing lights and siren did not constitute exceptional circumstances requiring the insured driver to anticipate illegal entry into the intersection. The insured driver acted as a reasonable motorist would under the circumstances, and the mere fact that he attempted to avoid the collision does not infer prior knowledge of the motorcycle's illegal approach. The appeal was dismissed as the appellants...

Citation
[2012] ZAGPPHC 190
Parties
Appellant: D. J. Bosman obo T. M. Bosman; Appellant: T. M. Oosthuizen (formally) Bosman; Respondent: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
24 August 2012
Case Number
A746/2010
Procedural Posture
Civil Appeal / Appeal From Dismissal of Action in Court a Quo
Outcome
Appeal dismissed with costs.
Judges
S Potterill, V V Tlhapi
Legal Topics
Negligence, Road Accident Claims, Contributory Negligence
Delict Civil Procedure Negligence Road Accident Claims Contributory Negligence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

D. J. Bosman obo T. M. Bosman

Appellant

T. M. Oosthuizen (formally) Bosman

Appellant

Road Accident Fund

Respondent

Procedural Posture

Civil Appeal / Appeal From Dismissal of Action in Court a Quo

Legal Issues

  1. 1 Whether the insured driver was negligent in entering the intersection and thereby contributed to the collision.
  2. 2 Whether exceptional circumstances existed that required the insured driver to exercise greater caution.
  3. 3 Whether the presence of a police vehicle with flashing lights and siren imposed a duty on the insured driver to anticipate illegal entry into the intersection.

Ratio Decidendi

The court held that the insured driver was not negligent in entering the intersection when the robot turned green. There was no evidence that the insured driver saw or should have seen the motorcycle approaching at high speed and against a red light. The presence of a police vehicle with flashing lights and siren did not constitute exceptional circumstances requiring the insured driver to anticipate illegal entry into the intersection. The insured driver acted as a reasonable motorist would under the circumstances, and the mere fact that he attempted to avoid the collision does not infer prior knowledge of the motorcycle's illegal approach. The appeal was dismissed as the appellants...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.