Du Plessis v Road Accident Fund (3645/2016) [2018] ZAECPEHC 30 (28 June 2018)

Du Plessis v Road Accident Fund (3645/2016) [2018] ZAECPEHC 30 (28 June 2018)

The court found the plaintiff's version of the collision, particularly the point of impact and the claim that the motorcycle was stationary on the gravel verge, to be highly improbable. The insured driver's account, that the plaintiff entered Buffelsfontein Road without stopping and directly into his path, was more consistent with the probabilities and the physical evidence. There was no credible evidence to support the allegation that the insured driver was driving without headlights. The court accepted the insured driver's evidence and concluded that the plaintiff failed to keep a proper lookout and was negligent in entering the intersection when it was unsafe to do so. The plaintiff...

Citation
[2018] ZAECPEHC 30
Parties
Plaintiff: Phillipus Arnoldus Du Plessis; Defendant: Road Accident Fund
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
28 June 2018
Case Number
3645/2016
Procedural Posture
Civil Trial / Liability Determination
Outcome
Plaintiff's claim dismissed with costs.
Judges
G G Goosen
Legal Topics
Negligence, Road Accident Fund Claim, Onus of Proof, Motor Vehicle Collision
Delict Negligence Road Accident Fund Claim Onus of Proof Motor Vehicle Collision

Case Brief

Summary, issues, holding and outcome

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Parties

Phillipus Arnoldus Du Plessis

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Liability Determination

Legal Issues

  1. 1 Whether the insured driver was negligent and caused the collision.
  2. 2 Whether the plaintiff discharged the onus of proving negligence on the part of the insured driver.
  3. 3 Whether the plaintiff was negligent in entering the intersection into the path of the insured driver.

Ratio Decidendi

The court found the plaintiff's version of the collision, particularly the point of impact and the claim that the motorcycle was stationary on the gravel verge, to be highly improbable. The insured driver's account, that the plaintiff entered Buffelsfontein Road without stopping and directly into his path, was more consistent with the probabilities and the physical evidence. There was no credible evidence to support the allegation that the insured driver was driving without headlights. The court accepted the insured driver's evidence and concluded that the plaintiff failed to keep a proper lookout and was negligent in entering the intersection when it was unsafe to do so. The plaintiff...

Court Disposition

Plaintiff's claim dismissed with costs.

Orders

  • The plaintiff's claim is dismissed with costs.