Chewe v Road Accident Fund (22642/OS) [2010] ZAGPPHC 284 (30 April 2010)

Chewe v Road Accident Fund (22642/OS) [2010] ZAGPPHC 284 (30 April 2010)

The court found that the driver of vehicle D, in which the deceased was a passenger, was solely negligent for making a right turn into oncoming traffic without ensuring it was safe. The evidence of the insured driver was accepted as more credible and consistent with the circumstances. The plaintiff's version was rejected, and the accident was attributed entirely to the negligence of the driver of vehicle D.

Citation
[2010] ZAGPPHC 284
Parties
Plaintiff: Tem Chewe; Respondent: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
30 April 2010
Case Number
22642/OS
Procedural Posture
Civil Trial / Determination of Negligence Only; Quantum of Damages Separated
Outcome
The accident was caused by the sole negligence of the driver of vehicle D. No order as to costs at this stage.
Judges
Sapire
Legal Topics
Road Accident Liability, Negligence, Apportionment of Fault
Delict Road Accident Liability Negligence Apportionment of Fault

Case Brief

Summary, issues, holding and outcome

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Parties

Tem Chewe

Plaintiff

Road Accident Fund

Respondent

Procedural Posture

Civil Trial / Determination of Negligence Only; Quantum of Damages Separated

Legal Issues

  1. 1 Whether the accident was caused by the negligence of the driver of vehicle D.
  2. 2 Whether the insured driver of vehicle B was negligent in the circumstances.

Ratio Decidendi

The court found that the driver of vehicle D, in which the deceased was a passenger, was solely negligent for making a right turn into oncoming traffic without ensuring it was safe. The evidence of the insured driver was accepted as more credible and consistent with the circumstances. The plaintiff's version was rejected, and the accident was attributed entirely to the negligence of the driver of vehicle D.

Court Disposition

The accident was caused by the sole negligence of the driver of vehicle D. No order as to costs at this stage.

Orders

  • It is declared that the accident was caused by the sole negligence of the driver of vehicle D.
  • No order as to costs; costs to be determined when the issue of damages is decided.