Jackson v Road Accident Fund (40814/2017) [2020] ZAGPPHC 148; 2021 (4) SA 244 (GP) (1 April 2020)

Jackson v Road Accident Fund (40814/2017) [2020] ZAGPPHC 148; 2021 (4) SA 244 (GP) (1 April 2020)

The court found that the insured driver was negligent in failing to properly coordinate the lifting of the camera boom, resulting in the collision that caused the plaintiff's injuries. The evidence of both experts, which was accepted by the court, established that the plaintiff could not have avoided the collision and that her conduct was consistent throughout all runs. The defence of contributory negligence was rejected, as there was no evidence that the plaintiff deviated from her instructions or acted unreasonably. The defence of voluntary assumption of risk was also dismissed, as the plaintiff did not consent to the specific risk created by the reduction of safety margins without her...

Citation
[2020] ZAGPPHC 148
Parties
Plaintiff: Olivia Jackson; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
1 April 2020
Case Number
40814/2017
Procedural Posture
Civil Trial / Liability and Costs Determination
Outcome
The Road Accident Fund is declared 100% liable for the plaintiff's proven or agreed damages arising from the collision.
Judges
N Davis
Legal Topics
Negligence, Voluntary Assumption of Risk, Road Accident Fund Act, Contributory Negligence, Expert Evidence
Delict Civil Procedure Negligence Voluntary Assumption of Risk Road Accident Fund Act Contributory Negligence Expert Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Olivia Jackson

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Liability and Costs Determination

Legal Issues

  1. 1 Whether the insured driver was negligent in causing the collision resulting in the plaintiff's injuries.
  2. 2 Whether the plaintiff was contributorily negligent in the circumstances.
  3. 3 Whether the plaintiff voluntarily assumed the risk of injury (volenti non fit injuria).

Ratio Decidendi

The court found that the insured driver was negligent in failing to properly coordinate the lifting of the camera boom, resulting in the collision that caused the plaintiff's injuries. The evidence of both experts, which was accepted by the court, established that the plaintiff could not have avoided the collision and that her conduct was consistent throughout all runs. The defence of contributory negligence was rejected, as there was no evidence that the plaintiff deviated from her instructions or acted unreasonably. The defence of voluntary assumption of risk was also dismissed, as the plaintiff did not consent to the specific risk created by the reduction of safety margins without her...

Court Disposition

The Road Accident Fund is declared 100% liable for the plaintiff's proven or agreed damages arising from the collision.

Orders

  • It is declared that the Road Accident Fund is 100% liable for the plaintiff's proven or agreed damages suffered pursuant to the collision which took place on 5 September 2015.
  • The Road Accident Fund is ordered to pay the plaintiff's costs of this portion of the trial, including the plaintiff's travelling costs from the United Kingdom, the cost of the plaintiff's expert Mr Grobbelaar (including preparation, reprimand, and joint minutes), and the costs of senior counsel.