George v Road Accident Fund (67276/17) [2020] ZAGPPHC 284 (8 May 2020)

George v Road Accident Fund (67276/17) [2020] ZAGPPHC 284 (8 May 2020)

The court found that the plaintiff was standing at a bus stop, outside the traffic lane, when the accident occurred. The defendant did not call any witnesses to support the contention that the plaintiff was negligent or contributed to the accident. The defendant failed to discharge the onus of proving contributory negligence on the part of the plaintiff. The court applied the test for negligence as set out in Kruger v Coetzee and found that the defendant was 100% liable for the damages suffered by the plaintiff.

Citation
[2020] ZAGPPHC 284
Parties
Plaintiff: AG George; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
8 May 2020
Case Number
67276/17
Procedural Posture
Civil Trial / Merits Separated From Quantum; Determination of Liability
Outcome
Defendant found 100% liable for damages incurred by the plaintiff.
Judges
Mogotsi
Legal Topics
Road Accident Fund Act, Negligence, Contributory Negligence, Onus of Proof
Delict Road Accident Fund Act Negligence Contributory Negligence Onus of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

AG George

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Merits Separated From Quantum; Determination of Liability

Legal Issues

  1. 1 Whether the plaintiff was a contributory wrongdoer in the motor vehicle accident.
  2. 2 Whether the defendant is liable for the damages suffered by the plaintiff.
  3. 3 Whether the plaintiff's alleged intoxication constituted contributory negligence.

Ratio Decidendi

The court found that the plaintiff was standing at a bus stop, outside the traffic lane, when the accident occurred. The defendant did not call any witnesses to support the contention that the plaintiff was negligent or contributed to the accident. The defendant failed to discharge the onus of proving contributory negligence on the part of the plaintiff. The court applied the test for negligence as set out in Kruger v Coetzee and found that the defendant was 100% liable for the damages suffered by the plaintiff.

Court Disposition

Defendant found 100% liable for damages incurred by the plaintiff.

Orders

  • The defendant is 100% liable for damages incurred by the plaintiff.
  • The defendant is ordered to pay costs.