Mamba v Road Accident Fund (7961/216) [2018] ZAGPPHC 428 (19 June 2018)

Mamba v Road Accident Fund (7961/216) [2018] ZAGPPHC 428 (19 June 2018)

The court found that both the Plaintiff and the insured driver were negligent. The Plaintiff, despite having a green traffic light, failed to ensure it was safe to turn right and did not keep a proper lookout. The insured driver entered the intersection against a red light, which constituted substantial negligence. The Plaintiff's evidence was credible and uncontradicted, but her omission regarding the robot in her particulars of claim was noted. Applying the Apportionment of Damages Act, the court held that the Plaintiff's claim should not be defeated but reduced according to her degree of fault. The court determined a 70/30 apportionment in favour of the Plaintiff, finding the insured...

Citation
[2018] ZAGPPHC 428
Parties
Plaintiff: Zinhle Brenda Mamba; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
19 June 2018
Case Number
7961/216
Procedural Posture
Civil Trial / Merits Only; Quantum Postponed Sine Die
Outcome
Plaintiff succeeds on the merits with apportionment; Defendant liable for 70% of proven or agreed damages.
Judges
Mosopa
Legal Topics
Road Accident Fund Act, Negligence, Contributory Negligence, Apportionment of Damages
Delict Road Accident Fund Act Negligence Contributory Negligence Apportionment of Damages

Case Brief

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Parties

Zinhle Brenda Mamba

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Merits Only; Quantum Postponed Sine Die

Legal Issues

  1. 1 Who was the negligent party who contributed to the motor collision.
  2. 2 If the Defendant was negligent, whether the Plaintiff contributed to the cause of the collision.

Ratio Decidendi

The court found that both the Plaintiff and the insured driver were negligent. The Plaintiff, despite having a green traffic light, failed to ensure it was safe to turn right and did not keep a proper lookout. The insured driver entered the intersection against a red light, which constituted substantial negligence. The Plaintiff's evidence was credible and uncontradicted, but her omission regarding the robot in her particulars of claim was noted. Applying the Apportionment of Damages Act, the court held that the Plaintiff's claim should not be defeated but reduced according to her degree of fault. The court determined a 70/30 apportionment in favour of the Plaintiff, finding the insured...

Court Disposition

Plaintiff succeeds on the merits with apportionment; Defendant liable for 70% of proven or agreed damages.

Orders

  • The Defendant is liable for 70% of the Plaintiff's proven or agreed damages.
  • The Defendant is ordered to pay the Plaintiff's costs of suit.