Deacon v Reeds Motor Group, a Division of Pepkor Trading (Pty) Ltd (9203/2017) [2020] ZAWCHC 21 (18 March 2020)

Deacon v Reeds Motor Group, a Division of Pepkor Trading (Pty) Ltd (9203/2017) [2020] ZAWCHC 21 (18 March 2020)

The court found that the defendant was negligent in parking the BMW with a tow bar in a position that left only a narrow, ill-lit passage for pedestrians, thereby creating a foreseeable risk of injury. The defendant failed to comply with the municipal condition requiring at least one metre of free pavement space, and the hazardous placement of the vehicle was acknowledged by the defendant's own manager. The plaintiff was held to be contributorily negligent for not exercising heightened caution in the unusually narrow and poorly lit passage. The court apportioned liability, holding the defendant liable for 65 percent of the plaintiff's proven damages, with costs reserved pending...

Citation
[2020] ZAWCHC 21
Parties
Plaintiff: Leonard Mark Deacon; Defendant: Reeds Motor Group, a Division of Pepkor Trading (Pty) Ltd
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
18 March 2020
Case Number
9203/2017
Procedural Posture
Civil Liability / Liability Separated for Determination Under Rule 33(4); Quantum Reserved for Later Hearing
Outcome
Defendant held liable for 65 percent of the quantum of damages to be proven by the plaintiff; costs reserved for later determination.
Judges
Binns-Ward
Legal Topics
Negligence, Contributory Negligence, Apportionment of Damages Act, Municipal by Laws, Pedestrian Safety
Delict Civil Procedure Negligence Contributory Negligence Apportionment of Damages Act Municipal by Laws Pedestrian Safety

Case Brief

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Parties

Leonard Mark Deacon

Plaintiff

Reeds Motor Group, a Division of Pepkor Trading (Pty) Ltd

Defendant

Procedural Posture

Civil Liability / Liability Separated for Determination Under Rule 33(4); Quantum Reserved for Later Hearing

Legal Issues

  1. 1 Whether the defendant was negligent in parking the BMW with a tow bar in a manner that created a danger to pedestrians.
  2. 2 Whether the plaintiff was contributorily negligent in failing to keep a proper lookout or avoid the tow bar.
  3. 3 What apportionment of liability is just and equitable under the Apportionment of Damages Act.

Ratio Decidendi

The court found that the defendant was negligent in parking the BMW with a tow bar in a position that left only a narrow, ill-lit passage for pedestrians, thereby creating a foreseeable risk of injury. The defendant failed to comply with the municipal condition requiring at least one metre of free pavement space, and the hazardous placement of the vehicle was acknowledged by the defendant's own manager. The plaintiff was held to be contributorily negligent for not exercising heightened caution in the unusually narrow and poorly lit passage. The court apportioned liability, holding the defendant liable for 65 percent of the plaintiff's proven damages, with costs reserved pending...

Court Disposition

Defendant held liable for 65 percent of the quantum of damages to be proven by the plaintiff; costs reserved for later determination.

Orders

  • It is declared that the defendant is liable to pay to the plaintiff 65 percent of the quantum of damages that the plaintiff might prove in the second stage trial of the action.
  • The costs of the trial in respect of the separated issue of liability shall stand over for later determination by the court seized of deciding the remaining issues in the action, or by agreement between the parties.