Hamman and Others v Padongelukke Fonds (546/2009 , 582/2009, 599/2009, 9336/2009) [2010] ZAGPPHC 525 (1 April 2010)

Hamman and Others v Padongelukke Fonds (546/2009 , 582/2009, 599/2009, 9336/2009) [2010] ZAGPPHC 525 (1 April 2010)

The court found that the insured driver, Mr Erwin, was solely negligent in causing the collision by driving straight in a lane designated only for left turns and crossing a painted island, contrary to road markings and signage. Marinda Hamman waited for all vehicles in the through lane to pass before executing her turn and could not reasonably have foreseen that the insured driver would unlawfully proceed straight. The respondent failed to discharge the burden of proving contributory negligence on the part of Marinda Hamman. Accordingly, the collision was caused exclusively by the negligence of Mr Erwin, and the applicants succeeded in this round of the proceedings.

Citation
[2010] ZAGPPHC 525
Parties
Applicant: W Hamman (on behalf of Lindie Hamman); Applicant: W Hamman (on behalf of Marlize Hamman); Applicant: Marinda Hamman; Applicant: Werner Hamman; Respondent: Padongelukke Fonds
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
1 April 2010
Case Number
546/2009
Procedural Posture
Civil Trial / Liability Determination
Outcome
Applicants succeed; the collision was caused solely by the negligence of the insured driver, Mr Erwin.
Judges
C Botha
Legal Topics
Contributory Negligence, Road Accident Fund, Motor Vehicle Collision, Burden of Proof
Delict Contributory Negligence Road Accident Fund Motor Vehicle Collision Burden of Proof

Case Brief

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Parties

W Hamman (on behalf of Lindie Hamman)

Applicant

W Hamman (on behalf of Marlize Hamman)

Applicant

Marinda Hamman

Applicant

Werner Hamman

Applicant

Padongelukke Fonds

Respondent

Procedural Posture

Civil Trial / Liability Determination

Legal Issues

  1. 1 Whether Marinda Hamman was contributorily negligent in the motor vehicle collision of 30 January 2006.
  2. 2 Whether the collision was caused solely by the negligence of Mr Erwin, the insured driver.
  3. 3 Whether the respondent discharged the burden of proving contributory negligence on the part of Marinda Hamman.

Ratio Decidendi

The court found that the insured driver, Mr Erwin, was solely negligent in causing the collision by driving straight in a lane designated only for left turns and crossing a painted island, contrary to road markings and signage. Marinda Hamman waited for all vehicles in the through lane to pass before executing her turn and could not reasonably have foreseen that the insured driver would unlawfully proceed straight. The respondent failed to discharge the burden of proving contributory negligence on the part of Marinda Hamman. Accordingly, the collision was caused exclusively by the negligence of Mr Erwin, and the applicants succeeded in this round of the proceedings.

Court Disposition

Applicants succeed; the collision was caused solely by the negligence of the insured driver, Mr Erwin.

Orders

  • It is declared that the collision on 30 January 2006 between the vehicle driven by Marinda Hamman and the vehicle driven by Mr Erwin was caused exclusively by the negligence of Mr Erwin.
  • The respondent must pay the applicants' costs in respect of this round of the proceedings.