Dlamini v Road Accident Fund (302/2010) [2011] ZAFSHC 129 (25 August 2011)

Dlamini v Road Accident Fund (302/2010) [2011] ZAFSHC 129 (25 August 2011)

The court found that both vehicles were travelling on the N3 at the time of the collision. The insured driver failed to keep a proper lookout when entering the carriageway from a slip road, particularly given the curve and incline that limited visibility. His failure to ensure the road was clear before entering constituted negligence. The plaintiff, however, was also negligent, as he was travelling at a very high speed, failed to observe the slow-moving, brightly coloured truck in broad daylight, and did not reduce speed to avoid the collision. The court assessed the plaintiff's contributory negligence at 20%, finding the defendant 80% negligent. Costs were awarded in the same proportion.

Citation
[2011] ZAFSHC 129
Parties
Plaintiff: Paul Dumisani Dlamini; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
25 August 2011
Case Number
302/2010
Procedural Posture
Civil Trial / Merits Only; Quantum Separated Per Rule 33(4)
Outcome
Plaintiff's claim succeeds to the extent of 80% negligence attributed to the defendant; costs awarded to plaintiff at 80%.
Judges
E.M. Kubushi
Legal Topics
Negligence, Apportionment of Fault, Road Accident Claims, Duty of Care
Delict Negligence Apportionment of Fault Road Accident Claims Duty of Care

Case Brief

Summary, issues, holding and outcome

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Parties

Paul Dumisani Dlamini

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Merits Only; Quantum Separated Per Rule 33(4)

Legal Issues

  1. 1 Whether the insured driver was negligent in entering the N3 carriageway and failing to keep a proper lookout.
  2. 2 Whether the plaintiff contributed to the negligence resulting in the collision.
  3. 3 How fault should be apportioned between the parties.

Ratio Decidendi

The court found that both vehicles were travelling on the N3 at the time of the collision. The insured driver failed to keep a proper lookout when entering the carriageway from a slip road, particularly given the curve and incline that limited visibility. His failure to ensure the road was clear before entering constituted negligence. The plaintiff, however, was also negligent, as he was travelling at a very high speed, failed to observe the slow-moving, brightly coloured truck in broad daylight, and did not reduce speed to avoid the collision. The court assessed the plaintiff's contributory negligence at 20%, finding the defendant 80% negligent. Costs were awarded in the same proportion.

Court Disposition

Plaintiff's claim succeeds to the extent of 80% negligence attributed to the defendant; costs awarded to plaintiff at 80%.

Orders

  • The plaintiff's claim succeeds to the extent of 80% negligence on the part of the defendant.
  • The defendant is ordered to pay the costs to the extent of 80%.