Milling Techniks v T. W. Stene (Pty) Limited (1502/2012) [2017] ZAKZDHC 21 (2 May 2017)

Milling Techniks v T. W. Stene (Pty) Limited (1502/2012) [2017] ZAKZDHC 21 (2 May 2017)

The court found that the defendant's driver, Guliwe, was negligent in proceeding through the construction area without taking reasonable steps to avoid the collision, despite being aware of the abnormal load's protruding blade and the presence of the Bomag Roller in a protected area. The objective evidence, including photographs and witness testimony, established that slushing operations were ongoing and that the collision occurred some distance from the bridge. The defendant's reliance on the escort vehicle did not absolve him of responsibility, as he failed to keep a proper lookout and did not take evasive action. The first third party, C & F Construction, was found vicariously liable...

Citation
[2017] ZAKZDHC 21
Parties
Plaintiff: Milling Techniks (Pty) Limited; Defendant: T.W Stene (Pty) Limited; Applicant: C & F Construction; Applicant: MM Mtshweni; Applicant: Joseph Masube
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
2 May 2017
Case Number
1502/2012
Procedural Posture
Civil Trial / Judgment on Liability and Contribution
Outcome
Judgment for the plaintiff. Defendant liable for 100% of proven or agreed damages. Defendant entitled to recover 50% from first third party upon payment.
Judges
Henriques
Legal Topics
Negligence, Vicarious Liability, Contributory Negligence, Road Construction Liability, Third Party Procedure, Quantum of Damages
Delict Civil Procedure Land and Property Negligence Vicarious Liability Contributory Negligence Road Construction Liability Third Party Procedure +1 more

Case Brief

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Parties

Milling Techniks (Pty) Limited

Plaintiff

T.W Stene (Pty) Limited

Defendant

C & F Construction

Applicant

MM Mtshweni

Applicant

Joseph Masube

Applicant

Procedural Posture

Civil Trial / Judgment on Liability and Contribution

Legal Issues

  1. 1 Was the defendant's driver negligent in causing the collision with the plaintiff's Bomag Roller?
  2. 2 Was the plaintiff's driver negligent or contributorily negligent?
  3. 3 Is the first third party (C & F Construction) liable to contribute to the defendant's liability?

Ratio Decidendi

The court found that the defendant's driver, Guliwe, was negligent in proceeding through the construction area without taking reasonable steps to avoid the collision, despite being aware of the abnormal load's protruding blade and the presence of the Bomag Roller in a protected area. The objective evidence, including photographs and witness testimony, established that slushing operations were ongoing and that the collision occurred some distance from the bridge. The defendant's reliance on the escort vehicle did not absolve him of responsibility, as he failed to keep a proper lookout and did not take evasive action. The first third party, C & F Construction, was found vicariously liable...

Court Disposition

Judgment for the plaintiff. Defendant liable for 100% of proven or agreed damages. Defendant entitled to recover 50% from first third party upon payment.

Orders

  • The defendant is liable to compensate the plaintiff for 100% of its proven or agreed damages.
  • The defendant is directed to pay the plaintiff’s costs occasioned by the action including any reserved costs.