Davies v Road Accident Fund (20513/2011) [2013] ZAGPPHC 410 (6 December 2013)

Davies v Road Accident Fund (20513/2011) [2013] ZAGPPHC 410 (6 December 2013)

The court found the plaintiff to be an unreliable and contradictory witness whose evidence was not credible. Her own account revealed negligence, particularly in her failure to explain why she returned to the road after moving onto the shoulder, which was wide and unobstructed. The photographic evidence supported the defendant's version. The truck driver, Mr Mashinini, was found to be a credible witness who acted reasonably under the circumstances. The plaintiff failed to prove, on a balance of probabilities, that the defendant's driver was negligent or contributed to the collision. Consequently, the plaintiff did not discharge the onus of proof required for liability under the Road...

Citation
[2013] ZAGPPHC 410
Parties
Plaintiff: Davies Anna Maria Magrieta; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
6 December 2013
Case Number
20513/2011
Procedural Posture
Civil Trial / Merits Separated From Quantum; Judgment on Merits
Outcome
Plaintiff's claim dismissed; absolution from the instance granted to the defendant.
Judges
Hiemstra
Legal Topics
Road Accident Fund Act, Negligence, Onus of Proof, Absolution From the Instance
Delict Road Accident Fund Act Negligence Onus of Proof Absolution From the Instance

Case Brief

Summary, issues, holding and outcome

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Parties

Davies Anna Maria Magrieta

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Merits Separated From Quantum; Judgment on Merits

Legal Issues

  1. 1 Whether the collision was caused by the negligence of the truck driver, Mr Mashinini.
  2. 2 Whether the plaintiff proved her claim on a balance of probabilities.
  3. 3 Whether the defendant is liable for damages under section 17 of the Road Accident Fund Act.

Ratio Decidendi

The court found the plaintiff to be an unreliable and contradictory witness whose evidence was not credible. Her own account revealed negligence, particularly in her failure to explain why she returned to the road after moving onto the shoulder, which was wide and unobstructed. The photographic evidence supported the defendant's version. The truck driver, Mr Mashinini, was found to be a credible witness who acted reasonably under the circumstances. The plaintiff failed to prove, on a balance of probabilities, that the defendant's driver was negligent or contributed to the collision. Consequently, the plaintiff did not discharge the onus of proof required for liability under the Road...

Court Disposition

Plaintiff's claim dismissed; absolution from the instance granted to the defendant.

Orders

  • Absolution from the instance is granted to the defendant.
  • The plaintiff is ordered to pay the costs of the action.