Khiba v Road Accident Fund (2012/24278) [2015] ZAGPJHC 230 (14 August 2015)

Khiba v Road Accident Fund (2012/24278) [2015] ZAGPJHC 230 (14 August 2015)

The court found, on the balance of probabilities, that an unidentified vehicle travelling on the incorrect side of George Avenue caused the deceased to swerve and lose control, resulting in the fatal accident. Although the deceased was confronted with a sudden emergency, he failed to exercise reasonable care and skill to remain in control of his vehicle, and his excessive speed contributed to the collision. The conduct of the unidentified driver was negligent, but the deceased was also negligent in his response. The court apportioned liability, holding the defendant liable for 70% of the plaintiff's proven damages and costs, with 30% negligence attributed to the deceased.

Citation
[2015] ZAGPJHC 230
Parties
Plaintiff: Khiba Goodness; Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
14 August 2015
Case Number
2012/24278
Procedural Posture
Civil Trial / Liability Separated From Quantum; Quantum Postponed Sine Die
Outcome
Defendant declared liable for 70% of plaintiff's proven damages and costs.
Judges
E F Dippenaar
Legal Topics
Loss of Support, Road Accident Fund Act, Apportionment of Liability, Negligence, Dependants Claim
Delict Civil Procedure Loss of Support Road Accident Fund Act Apportionment of Liability Negligence Dependants Claim

Case Brief

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Parties

Khiba Goodness

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Liability Separated From Quantum; Quantum Postponed Sine Die

Legal Issues

  1. 1 Whether the unidentified vehicle caused the deceased to lose control and crash.
  2. 2 Whether the defendant is liable for damages under s 17(1)(b) of the Road Accident Fund Act.
  3. 3 Whether the deceased was negligent and whether liability should be apportioned.

Ratio Decidendi

The court found, on the balance of probabilities, that an unidentified vehicle travelling on the incorrect side of George Avenue caused the deceased to swerve and lose control, resulting in the fatal accident. Although the deceased was confronted with a sudden emergency, he failed to exercise reasonable care and skill to remain in control of his vehicle, and his excessive speed contributed to the collision. The conduct of the unidentified driver was negligent, but the deceased was also negligent in his response. The court apportioned liability, holding the defendant liable for 70% of the plaintiff's proven damages and costs, with 30% negligence attributed to the deceased.

Court Disposition

Defendant declared liable for 70% of plaintiff's proven damages and costs.

Orders

  • The defendant is liable for payment of 70% of the plaintiff's proven damages.
  • The defendant is directed to pay the plaintiff's costs.