N.A v Road Accident Fund (188/2017) [2018] ZAECPEHC 29 (28 June 2018)

N.A v Road Accident Fund (188/2017) [2018] ZAECPEHC 29 (28 June 2018)

The defendant failed to discharge the onus of proving contributory negligence by the plaintiff. The only evidence presented was that of the insured driver, who did not see the plaintiff's motorcycle and could not comment on the plaintiff's conduct. There was no evidence upon which a reasonable inference of negligence on the part of the plaintiff could be drawn. The position of the vehicles and the point of impact indicated that the insured driver entered the plaintiff's path at an inopportune moment. Regarding costs, the court found that the complexity of the claim, the seriousness of the injuries, the difficulty in proving pre-morbid earnings, and the importance of the claim to the...

Citation
[2018] ZAECPEHC 29
Parties
Plaintiff: N A; Defendant: Road Accident Fund
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
28 June 2018
Case Number
188/2017
Procedural Posture
Civil Trial / Judgment After Trial on Apportionment and Costs
Outcome
Plaintiff absolved from contributory negligence; damages and costs awarded as claimed.
Judges
G.G. Goosen
Legal Topics
Road Accident Fund Act, Contributory Negligence, Quantification of Damages, Costs of Two Counsel
Delict Civil Procedure Road Accident Fund Act Contributory Negligence Quantification of Damages Costs of Two Counsel

Case Brief

Summary, issues, holding and outcome

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Parties

N A

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Judgment After Trial on Apportionment and Costs

Legal Issues

  1. 1 Whether the plaintiff was contributorily negligent in the motor vehicle collision.
  2. 2 Whether the plaintiff is entitled to the costs of two counsel.

Ratio Decidendi

The defendant failed to discharge the onus of proving contributory negligence by the plaintiff. The only evidence presented was that of the insured driver, who did not see the plaintiff's motorcycle and could not comment on the plaintiff's conduct. There was no evidence upon which a reasonable inference of negligence on the part of the plaintiff could be drawn. The position of the vehicles and the point of impact indicated that the insured driver entered the plaintiff's path at an inopportune moment. Regarding costs, the court found that the complexity of the claim, the seriousness of the injuries, the difficulty in proving pre-morbid earnings, and the importance of the claim to the...

Court Disposition

Plaintiff absolved from contributory negligence; damages and costs awarded as claimed.

Orders

  • The Defendant shall pay to the Plaintiff the sum of R2 658 041.90 as damages.
  • Payment of the capital shall be made within 14 days of the date of this Order, failing which interest at the prevailing legal rate per annum shall accrue to date of final payment.