Moleofi v Road Accident Fund (5172/2018) [2025] ZAFSHC 100 (19 March 2025)

Moleofi v Road Accident Fund (5172/2018) [2025] ZAFSHC 100 (19 March 2025)

The court found that the plaintiff was walking on the raised pedestrian walkway specifically allocated for pedestrians when she was struck by an object protruding from a trailer towed by an unidentified vehicle. The plaintiff's evidence was clear, honest, and corroborated by an independent witness, Mr Muller, whose testimony was uncontested. The defendant led no evidence and made no submissions. The court held that the plaintiff discharged the onus of proving negligence on the part of the insured driver and that there was no contributory negligence by the plaintiff. Accordingly, the defendant is 100% liable to compensate the plaintiff for all proven or agreed damages suffered as a result...

Citation
[2025] ZAFSHC 100
Parties
Plaintiff: Dikeledi Julia Moleofi; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
19 March 2025
Case Number
5172/2018
Procedural Posture
Civil Trial / Merits Only; Quantum Separated
Outcome
The defendant is found 100% liable for all proven or agreed damages suffered by the plaintiff as a result of the motor vehicle accident.
Judges
Van Rhyn
Legal Topics
Road Accident Fund Act, Negligence, Pedestrian Injury, Onus of Proof, Apportionment of Damages
Delict Civil Procedure Road Accident Fund Act Negligence Pedestrian Injury Onus of Proof Apportionment of Damages

Case Brief

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Parties

Dikeledi Julia Moleofi

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Merits Only; Quantum Separated

Legal Issues

  1. 1 Whether the unidentified insured driver was negligent and caused the collision resulting in the plaintiff's injuries.
  2. 2 Whether the plaintiff was contributorily negligent in the circumstances.
  3. 3 Whether the defendant is liable to compensate the plaintiff for all proven damages arising from the accident.

Ratio Decidendi

The court found that the plaintiff was walking on the raised pedestrian walkway specifically allocated for pedestrians when she was struck by an object protruding from a trailer towed by an unidentified vehicle. The plaintiff's evidence was clear, honest, and corroborated by an independent witness, Mr Muller, whose testimony was uncontested. The defendant led no evidence and made no submissions. The court held that the plaintiff discharged the onus of proving negligence on the part of the insured driver and that there was no contributory negligence by the plaintiff. Accordingly, the defendant is 100% liable to compensate the plaintiff for all proven or agreed damages suffered as a result...

Court Disposition

The defendant is found 100% liable for all proven or agreed damages suffered by the plaintiff as a result of the motor vehicle accident.

Orders

  • The defendant is 100% liable to compensate the plaintiff for all proven or agreed damages suffered on account of the injuries sustained in the motor vehicle accident.
  • The defendant shall pay the plaintiff's taxed or agreed party and party costs of the action, including the costs of counsel on Scale B, which costs shall include the costs attendant upon drafting the heads of argument.