Maleshane v Road Accident Fund (2018/15270) [2022] ZAGPPHC 937 (25 November 2022)

Maleshane v Road Accident Fund (2018/15270) [2022] ZAGPPHC 937 (25 November 2022)

The plaintiff was the only witness and provided uncontested evidence that the insured driver collided with him while he was crossing the road. The insured driver was driving at high speed in a residential area and failed to keep a proper lookout or exercise reasonable care. The police report corroborated the occurrence of the accident. In the absence of any evidence from the defendant to contradict the plaintiff's version or to suggest contributory negligence, the court found that the plaintiff discharged the onus of proof on a balance of probabilities. The defendant is therefore liable for 100% of the plaintiff's damages. The determination of quantum is postponed sine die.

Citation
[2022] ZAGPPHC 937
Parties
Plaintiff: Maleshane T S; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
25 November 2022
Case Number
2018/15270
Procedural Posture
Civil Trial / Default Judgment; Liability Only; Quantum Postponed Sine Die
Outcome
Judgment for the plaintiff on liability; defendant liable for 100% of damages; quantum postponed sine die.
Judges
Molahlehi
Legal Topics
Negligence, Liability of Road Users, Onus of Proof, Contributory Negligence, Separation of Liability and Quantum
Delict Negligence Liability of Road Users Onus of Proof Contributory Negligence Separation of Liability and Quantum

Case Brief

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Parties

Maleshane T S

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Default Judgment; Liability Only; Quantum Postponed Sine Die

Legal Issues

  1. 1 Whether the insured driver was negligent in causing the collision with the plaintiff.
  2. 2 Whether the defendant is liable for the harm suffered by the plaintiff as a result of the accident.
  3. 3 Whether there is any contributory negligence on the part of the plaintiff.

Ratio Decidendi

The plaintiff was the only witness and provided uncontested evidence that the insured driver collided with him while he was crossing the road. The insured driver was driving at high speed in a residential area and failed to keep a proper lookout or exercise reasonable care. The police report corroborated the occurrence of the accident. In the absence of any evidence from the defendant to contradict the plaintiff's version or to suggest contributory negligence, the court found that the plaintiff discharged the onus of proof on a balance of probabilities. The defendant is therefore liable for 100% of the plaintiff's damages. The determination of quantum is postponed sine die.

Court Disposition

Judgment for the plaintiff on liability; defendant liable for 100% of damages; quantum postponed sine die.

Orders

  • The defendant is liable for 100% of the plaintiff's damages.
  • The determination of the quantum of damages is separated from liability and postponed sine die.