Maseko v Road Accident Fund (7086/2018) [2020] ZAWCHC 94 (19 August 2020)

Maseko v Road Accident Fund (7086/2018) [2020] ZAWCHC 94 (19 August 2020)

The court found that the plaintiff entered the intersection when the pedestrian light was green and that the taxi driver entered against a red light, causing the collision. The absence of evidence from the taxi driver did not rebut the plaintiff's version. The plaintiff was not negligent, as he took reasonable precautions before crossing and his instinctive reaction in the split second before impact was not unreasonable. The defendant failed to discharge the burden of proving contributory negligence. The Road Accident Fund is therefore liable in full for the damages suffered by the plaintiff as a result of the collision.

Citation
[2020] ZAWCHC 94
Parties
Plaintiff: Mpumelelo Blessing Maseko; Defendant: Road Accident Fund
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
19 August 2020
Case Number
7086/2018
Procedural Posture
Civil Trial / Liability Determination
Outcome
Judgment for the plaintiff on liability; defendant liable in full for damages to be proved.
Judges
Rogers
Legal Topics
Road Accident Fund Act, Negligence, Contributory Negligence, Burden of Proof
Delict Civil Procedure Road Accident Fund Act Negligence Contributory Negligence Burden of Proof

Case Brief

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Parties

Mpumelelo Blessing Maseko

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Liability Determination

Legal Issues

  1. 1 Was the accident caused by the negligence of the taxi driver?
  2. 2 Was the plaintiff contributorily negligent in the circumstances of the accident?.

Ratio Decidendi

The court found that the plaintiff entered the intersection when the pedestrian light was green and that the taxi driver entered against a red light, causing the collision. The absence of evidence from the taxi driver did not rebut the plaintiff's version. The plaintiff was not negligent, as he took reasonable precautions before crossing and his instinctive reaction in the split second before impact was not unreasonable. The defendant failed to discharge the burden of proving contributory negligence. The Road Accident Fund is therefore liable in full for the damages suffered by the plaintiff as a result of the collision.

Court Disposition

Judgment for the plaintiff on liability; defendant liable in full for damages to be proved.

Orders

  • The defendant is liable in full for all such damages as the plaintiff may prove to have suffered in consequence of the collision alleged in the particulars of claim.
  • The defendant is to pay the costs associated with the determination of liability, including the costs of today’s appearance, subject to the proviso that if in due course the amount of damages, as proved or as agreed in a settlement, is within the jurisdiction of the Regional Court, such costs shall be taxed on the...