Ferreira NO and Another v Van Tonder Transport; Van Tonder Transport v Jeffrey M Sack CC t/a Sacks Pharmacy; McCulloch v Jeffrey M Sack CC t/a Sacks Pharmacy (8977/2017) [2019] ZAGPJHC 517 (13 December 2019)

Ferreira NO and Another v Van Tonder Transport; Van Tonder Transport v Jeffrey M Sack CC t/a Sacks Pharmacy; McCulloch v Jeffrey M Sack CC t/a Sacks Pharmacy (8977/2017) [2019] ZAGPJHC 517 (13 December 2019)

The Court found that Van Tonder Transport had locus standi to institute and defend the proceedings, as it bore the risk of loss and maintained the vehicles. The evidence established that Mr McCulloch was negligent in his driving, as he failed to ensure his fitness to drive and did not take reasonable steps when feeling unwell. The Court was not persuaded that Mr McCulloch ingested PAX5 before the accident, as there were inconsistencies in his testimony and no conclusive evidence that he took the medication. The expert evidence did not support that ingestion of PAX5 was the cause of the accident. The claim by the Ferreira Trust succeeded on the balance of probabilities, while the claims by...

Citation
[2019] ZAGPJHC 517
Parties
Plaintiff: Anton Ferreira N.O.; Plaintiff: Elsie Elizabeth Ferreira N.O.; Defendant: Van Tonder Transport; Third Party: Jeffrey M Sack CC t/a Sacks Pharmacy; Plaintiff: Van Tonder Transport; Defendant: Jeffrey M Sack CC t/a Sacks Pharmacy; Plaintiff: Robert McCulloch
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
13 December 2019
Case Number
8977/2017
Procedural Posture
Civil Trial / Merits Separated From Quantum; Judgment on Negligence Only
Outcome
The claim by Anton Ferreira Trust succeeds; the claims by Van Tonder Transport and Robert McCulloch are dismissed with costs.
Judges
T MTATI
Legal Topics
Negligence, Locus Standi, Dispensing of Wrong Medication, Motor Vehicle Accident, Expert Evidence
Delict Civil Procedure Negligence Locus Standi Dispensing of Wrong Medication Motor Vehicle Accident Expert Evidence

Case Brief

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Parties

Anton Ferreira N.O.

Plaintiff

Elsie Elizabeth Ferreira N.O.

Plaintiff

Van Tonder Transport

Defendant

Jeffrey M Sack CC t/a Sacks Pharmacy

Third Party

Van Tonder Transport

Plaintiff

Jeffrey M Sack CC t/a Sacks Pharmacy

Defendant

Robert McCulloch

Plaintiff

Procedural Posture

Civil Trial / Merits Separated From Quantum; Judgment on Negligence Only

Legal Issues

  1. 1 Whether Van Tonder Transport had locus standi to institute and defend the action.
  2. 2 Whether Van Tonder Transport bore the risk of loss in the vehicles involved.
  3. 3 Whether Mr McCulloch was negligent in his driving and caused the accident.

Ratio Decidendi

The Court found that Van Tonder Transport had locus standi to institute and defend the proceedings, as it bore the risk of loss and maintained the vehicles. The evidence established that Mr McCulloch was negligent in his driving, as he failed to ensure his fitness to drive and did not take reasonable steps when feeling unwell. The Court was not persuaded that Mr McCulloch ingested PAX5 before the accident, as there were inconsistencies in his testimony and no conclusive evidence that he took the medication. The expert evidence did not support that ingestion of PAX5 was the cause of the accident. The claim by the Ferreira Trust succeeded on the balance of probabilities, while the claims by...

Court Disposition

The claim by Anton Ferreira Trust succeeds; the claims by Van Tonder Transport and Robert McCulloch are dismissed with costs.

Orders

  • The Plaintiff’s (Anton Ferreira Trust) claim under case number 1949/2014 (Pietermaritzburg) succeeds.
  • The claim by Van Tonder Transport under case number 38067/15 is dismissed with costs.