Gerber v Road Accident Fund (28437/2012) [2015] ZAGPPHC 857 (17 November 2015)

Gerber v Road Accident Fund (28437/2012) [2015] ZAGPPHC 857 (17 November 2015)

The court found that the insured driver was negligent in executing a right turn across the plaintiff's path without signalling or reducing speed, and had already paid an admission of guilt fine for reckless and negligent driving. The plaintiff had the right of way and was entitled to expect reasonable conduct from other road users. There was no evidence that the plaintiff failed to keep a proper lookout or could have avoided the collision by exercising reasonable care. The defendant did not present any witnesses or alternative version. The court held that the plaintiff was not contributorily negligent and is entitled to 100% of his proven damages.

Citation
[2015] ZAGPPHC 857
Parties
Plaintiff: L Gerber; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
17 November 2015
Case Number
28437/2012
Procedural Posture
Civil Trial / Merits and Apportionment of Damages
Outcome
Plaintiff succeeds in full; defendant ordered to pay 100% of proven damages and costs.
Judges
Motepe
Legal Topics
Road Accident Fund Act, Negligence, Contributory Negligence, Reckless Driving
Delict Civil Procedure Road Accident Fund Act Negligence Contributory Negligence Reckless Driving

Case Brief

Summary, issues, holding and outcome

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Parties

L Gerber

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Merits and Apportionment of Damages

Legal Issues

  1. 1 Whether the plaintiff was contributorily negligent in the motor vehicle accident.
  2. 2 Whether damages should be apportioned due to alleged failure by the plaintiff to keep a proper lookout and avoid the collision.

Ratio Decidendi

The court found that the insured driver was negligent in executing a right turn across the plaintiff's path without signalling or reducing speed, and had already paid an admission of guilt fine for reckless and negligent driving. The plaintiff had the right of way and was entitled to expect reasonable conduct from other road users. There was no evidence that the plaintiff failed to keep a proper lookout or could have avoided the collision by exercising reasonable care. The defendant did not present any witnesses or alternative version. The court held that the plaintiff was not contributorily negligent and is entitled to 100% of his proven damages.

Court Disposition

Plaintiff succeeds in full; defendant ordered to pay 100% of proven damages and costs.

Orders

  • The defendant is ordered to pay 100% of the plaintiff's agreed or proven damages.
  • The defendant is liable to pay to the plaintiff delictual damages in the amount of R660,000.00.