Mosia and Another v Road Accident Fund (3484/2017) [2019] ZAFSHC 94 (24 May 2019)

Mosia and Another v Road Accident Fund (3484/2017) [2019] ZAFSHC 94 (24 May 2019)

The court found that the insured driver failed to keep a proper lookout as required by law. Despite having the right of way, he did not continuously observe the deceased's vehicle after initially noticing it approaching the intersection at high speed. His lack of awareness of the collision and subsequent conduct indicated a failure to meet the standard of care and skill expected of a reasonable driver in the circumstances. The court held that even minimal negligence on the part of the insured driver was sufficient for the plaintiff to succeed. Accordingly, the insured driver's conduct was negligent and contributed to the accident.

Citation
[2019] ZAFSHC 94
Parties
Plaintiff: Maseodi Suzan Mosia; Plaintiff: Maseodi Suzan Mosia N.O.; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
24 May 2019
Case Number
3484/2017
Procedural Posture
Civil Trial / Merits Separated From Quantum; Judgment on Merits Only
Outcome
Judgment entered in favour of the plaintiffs with costs.
Judges
M.A. Mathebula
Legal Topics
Negligence, Road Accident Claim, Burden of Proof, Proper Lookout, Standard of Care
Delict Negligence Road Accident Claim Burden of Proof Proper Lookout Standard of Care

Case Brief

Summary, issues, holding and outcome

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Parties

Maseodi Suzan Mosia

Plaintiff

Maseodi Suzan Mosia N.O.

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Merits Separated From Quantum; Judgment on Merits Only

Legal Issues

  1. 1 Whether the insured driver drove the insured motor vehicle negligently, causing or contributing to the accident.
  2. 2 Whether the insured driver kept a proper lookout as required by law.
  3. 3 Whether the plaintiff discharged the burden of proof on a balance of probabilities.

Ratio Decidendi

The court found that the insured driver failed to keep a proper lookout as required by law. Despite having the right of way, he did not continuously observe the deceased's vehicle after initially noticing it approaching the intersection at high speed. His lack of awareness of the collision and subsequent conduct indicated a failure to meet the standard of care and skill expected of a reasonable driver in the circumstances. The court held that even minimal negligence on the part of the insured driver was sufficient for the plaintiff to succeed. Accordingly, the insured driver's conduct was negligent and contributed to the accident.

Court Disposition

Judgment entered in favour of the plaintiffs with costs.

Orders

  • Judgment is entered in favour of the plaintiffs with costs.