Mchepu v Road Accident Fund (66306/2012) [2014] ZAGPPHC 433 (30 May 2014)

Mchepu v Road Accident Fund (66306/2012) [2014] ZAGPPHC 433 (30 May 2014)

The court found, on a balance of probabilities, that the insured driver was negligent in failing to reduce speed and regulate his driving upon seeing the plaintiff crossing the road with a large bag on his head, which obstructed his view, and in exceeding the speed limit on an unlit road. However, the plaintiff was also negligent for crossing the road despite seeing the vehicle approaching at high speed, wearing dark clothes, and failing to exercise reasonable care in the middle of the road. Both parties contributed to the accident, and liability was apportioned accordingly. The plaintiff succeeded on the merits for 60% of proven or agreed damages, with costs awarded against the defendant.

Citation
[2014] ZAGPPHC 433
Parties
Plaintiff: J V Mchepu; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
30 May 2014
Case Number
66306/2012
Procedural Posture
Civil Trial / Merits Only; Quantum Postponed Sine Die
Outcome
Plaintiff succeeds on the merits for 60% of proven or agreed damages; costs awarded against the defendant.
Judges
Makhoba
Legal Topics
Contributory Negligence, Pedestrian Liability, Motor Vehicle Accident, Onus of Proof
Delict Civil Procedure Contributory Negligence Pedestrian Liability Motor Vehicle Accident Onus of Proof

Case Brief

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Parties

J V Mchepu

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Merits 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 plaintiff, as a pedestrian, contributed to the negligence resulting in the accident.
  3. 3 What apportionment of liability is appropriate given the facts.

Ratio Decidendi

The court found, on a balance of probabilities, that the insured driver was negligent in failing to reduce speed and regulate his driving upon seeing the plaintiff crossing the road with a large bag on his head, which obstructed his view, and in exceeding the speed limit on an unlit road. However, the plaintiff was also negligent for crossing the road despite seeing the vehicle approaching at high speed, wearing dark clothes, and failing to exercise reasonable care in the middle of the road. Both parties contributed to the accident, and liability was apportioned accordingly. The plaintiff succeeded on the merits for 60% of proven or agreed damages, with costs awarded against the defendant.

Court Disposition

Plaintiff succeeds on the merits for 60% of proven or agreed damages; costs awarded against the defendant.

Orders

  • Plaintiff’s claim succeeds on 60% of proven or agreed damages.
  • Defendant is directed to pay the costs of the trial.