Erasmus v Road Accident Fund (698/2007) [2009] ZAECPEHC 51 (16 October 2009)

Erasmus v Road Accident Fund (698/2007) [2009] ZAECPEHC 51 (16 October 2009)

The court found that both drivers were negligent. The Jetta driver, despite having the right of way, failed to reduce speed and take corrective action when the Cuore's indicator signaled an intention to turn right. His excessive speed and failure to keep a proper lookout contributed to the collision. The Cuore driver misjudged the Jetta's speed and turned across its path, bearing the greater degree of fault. The court apportioned liability at 30% to the Jetta driver and 70% to the Cuore driver. The defendants were ordered to pay the plaintiff's costs jointly and severally.

Citation
[2009] ZAECPEHC 51
Parties
Plaintiff: Madelein Erasmus; Defendant: Road Accident Fund; Defendant: Claire Louise van Lelyveld
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
16 October 2009
Case Number
698/2007
Procedural Posture
Civil Trial / Merits Separated From Quantum; Trial on Negligence and Apportionment
Outcome
Liability apportioned: Jetta driver 30% at fault, Cuore driver 70% at fault. Defendants jointly and severally liable for plaintiff's costs.
Judges
D. Chetty
Legal Topics
Motor Vehicle Collision, Personal Injury, Contributory Negligence, Apportionment of Fault
Delict Motor Vehicle Collision Personal Injury Contributory Negligence Apportionment of Fault

Case Brief

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Parties

Madelein Erasmus

Plaintiff

Road Accident Fund

Defendant

Claire Louise van Lelyveld

Defendant

Procedural Posture

Civil Trial / Merits Separated From Quantum; Trial on Negligence and Apportionment

Legal Issues

  1. 1 Was the driver of the Jetta negligent in failing to reduce speed and take corrective action to avoid the collision?
  2. 2 Was the driver of the Cuore negligent in executing a right turn across the path of the Jetta?
  3. 3 What is the respective degree of fault attributable to each driver for the collision?

Ratio Decidendi

The court found that both drivers were negligent. The Jetta driver, despite having the right of way, failed to reduce speed and take corrective action when the Cuore's indicator signaled an intention to turn right. His excessive speed and failure to keep a proper lookout contributed to the collision. The Cuore driver misjudged the Jetta's speed and turned across its path, bearing the greater degree of fault. The court apportioned liability at 30% to the Jetta driver and 70% to the Cuore driver. The defendants were ordered to pay the plaintiff's costs jointly and severally.

Court Disposition

Liability apportioned: Jetta driver 30% at fault, Cuore driver 70% at fault. Defendants jointly and severally liable for plaintiff's costs.

Orders

  • The insured driver (Jetta) is assessed at 30% fault and the second defendant (Cuore) at 70%.
  • Defendants are ordered to pay the plaintiff's costs jointly and severally, the one paying the other to be absolved.