Laurence v Dischem and Another (44071/2011) [2014] ZAGPPHC 1049 (12 September 2014)

Laurence v Dischem and Another (44071/2011) [2014] ZAGPPHC 1049 (12 September 2014)

The court found the plaintiff to be a credible and reliable witness whose version was supported by the surrounding circumstances and the available evidence. The second defendant's testimony was inconsistent with the pleadings and prior statements, and his credibility was undermined. The evidence established that the second defendant, while moving quickly and reading a paper, failed to keep a proper lookout and collided with the plaintiff, causing her to fall and sustain injuries. The conduct of the second defendant was negligent and wrongful, as a reasonable person in his position would have foreseen the risk of harm and taken steps to avoid it. The defendants, as occupier and employee...

Citation
[2014] ZAGPPHC 1049
Parties
Plaintiff: Martha Maria Laurence; Defendant: Dischem; Defendant: Charl Frank Pretorius
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
12 September 2014
Case Number
44071/2011
Procedural Posture
Civil Trial / Merits Only; Quantum Separated by Agreement
Outcome
Plaintiff succeeds on the merits; defendants held jointly and severally liable for damages and costs.
Judges
De Vos R
Legal Topics
Negligence, Occupier Liability, Causation, Joint and Several Liability, Costs Order
Delict Civil Procedure Negligence Occupier Liability Causation Joint and Several Liability Costs Order

Case Brief

Summary, issues, holding and outcome

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Parties

Martha Maria Laurence

Plaintiff

Dischem

Defendant

Charl Frank Pretorius

Defendant

Procedural Posture

Civil Trial / Merits Only; Quantum Separated by Agreement

Legal Issues

  1. 1 Whether the plaintiff's injuries were caused by the negligent conduct of the second defendant.
  2. 2 Whether the defendants are jointly and severally liable for the plaintiff's damages.
  3. 3 Whether the conduct of the second defendant was wrongful and actionable under delict.

Ratio Decidendi

The court found the plaintiff to be a credible and reliable witness whose version was supported by the surrounding circumstances and the available evidence. The second defendant's testimony was inconsistent with the pleadings and prior statements, and his credibility was undermined. The evidence established that the second defendant, while moving quickly and reading a paper, failed to keep a proper lookout and collided with the plaintiff, causing her to fall and sustain injuries. The conduct of the second defendant was negligent and wrongful, as a reasonable person in his position would have foreseen the risk of harm and taken steps to avoid it. The defendants, as occupier and employee...

Court Disposition

Plaintiff succeeds on the merits; defendants held jointly and severally liable for damages and costs.

Orders

  • The injuries sustained by the plaintiff on 17 August 2009 at the premises of the first defendant were caused solely by the negligence of the second defendant, acting within the scope of his employment.
  • The first and second defendants are jointly and severally liable for payment of the plaintiff's damages, the one paying the other to be absolved.