Kunene v Road Accident Fund (23537/2013) [2015] ZAGPPHC 733 (4 September 2015)

Kunene v Road Accident Fund (23537/2013) [2015] ZAGPPHC 733 (4 September 2015)

The court found that the insured driver executed a dangerous maneuver by moving from the right lane into the left lane directly in front of the plaintiff, causing the collision. The evidence, including the location of the damage on both vehicles and the discrepancies in the insured driver's statement and oral testimony, supported the plaintiff's version. The court was not satisfied that contributory negligence by the plaintiff was properly pleaded or canvassed, and therefore declined to apportion liability. The defendant is liable for damages arising from the collision, as the insured driver's negligence was the sole cause.

Citation
[2015] ZAGPPHC 733
Parties
Plaintiff: Kunene Philane Sisonke; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
4 September 2015
Case Number
23537/2013
Procedural Posture
Civil Trial / Merits Separated; Trial on Liability Only
Outcome
Judgment for the plaintiff on the merits; defendant found liable for damages arising from the collision.
Judges
Louw
Legal Topics
Negligence, Motor Vehicle Collision, Apportionment of Liability, Contributory Negligence
Delict Negligence Motor Vehicle Collision Apportionment of Liability Contributory Negligence

Case Brief

Summary, issues, holding and outcome

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Parties

Kunene Philane Sisonke

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Merits Separated; Trial on Liability Only

Legal Issues

  1. 1 Was the collision caused by the negligence of the insured driver?
  2. 2 Was there contributory negligence on the part of the plaintiff?
  3. 3 Is the defendant liable for damages arising from the collision?

Ratio Decidendi

The court found that the insured driver executed a dangerous maneuver by moving from the right lane into the left lane directly in front of the plaintiff, causing the collision. The evidence, including the location of the damage on both vehicles and the discrepancies in the insured driver's statement and oral testimony, supported the plaintiff's version. The court was not satisfied that contributory negligence by the plaintiff was properly pleaded or canvassed, and therefore declined to apportion liability. The defendant is liable for damages arising from the collision, as the insured driver's negligence was the sole cause.

Court Disposition

Judgment for the plaintiff on the merits; defendant found liable for damages arising from the collision.

Orders

  • Merits are separated from all other issues; all other issues are postponed sine die.
  • The collision on 16 October 2011 between the Kia and BMW was caused by the negligence of the insured driver, Mr Malaza.