Ngubane v Road Accident Fund (1461/2004) [2007] ZAKZHC 41 (13 September 2007)

Ngubane v Road Accident Fund (1461/2004) [2007] ZAKZHC 41 (13 September 2007)

The court found the plaintiff's version of events improbable and rejected it, accepting the defendant's witness's account that the plaintiff was engaged in an altercation in the traffic lane and was struck while not paying attention to oncoming traffic. However, the court also found that the unidentified driver was contributorily negligent for failing to take evasive action despite a clear, straight road and visible pedestrians. The court assessed the plaintiff's contributory negligence at sixty percent, holding the defendant liable for forty percent of proven damages. The court made a provisional costs order, limiting costs to one counsel and allowing further written argument on costs...

Citation
[2007] ZAKZHC 41
Parties
Plaintiff: Bonginkosi James Ngubane; Defendant: Road Accident Fund
Court
High Courts - Kwazulu Natal
Jurisdiction
South Africa
Judgment Date
13 September 2007
Case Number
1461/2004
Procedural Posture
Civil Trial / Liability Separated From Quantum; Trial on Liability Only
Outcome
Defendant declared liable for forty percent of any damages the plaintiff may prove as a consequence of the collision, subject to apportionment for contributory negligence.
Judges
Swain
Legal Topics
Contributory Negligence, Road Accident Fund Act, Pedestrian Liability, Assessment of Probabilities
Delict Contributory Negligence Road Accident Fund Act Pedestrian Liability Assessment of Probabilities

Case Brief

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Parties

Bonginkosi James Ngubane

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Liability Separated From Quantum; Trial on Liability Only

Legal Issues

  1. 1 Whether the defendant is liable to compensate the plaintiff for damages suffered as a result of the collision.
  2. 2 Whether the plaintiff was contributorily negligent in causing the accident.
  3. 3 What proportion of liability should be attributed to the plaintiff and the unidentified driver.

Ratio Decidendi

The court found the plaintiff's version of events improbable and rejected it, accepting the defendant's witness's account that the plaintiff was engaged in an altercation in the traffic lane and was struck while not paying attention to oncoming traffic. However, the court also found that the unidentified driver was contributorily negligent for failing to take evasive action despite a clear, straight road and visible pedestrians. The court assessed the plaintiff's contributory negligence at sixty percent, holding the defendant liable for forty percent of proven damages. The court made a provisional costs order, limiting costs to one counsel and allowing further written argument on costs...

Court Disposition

Defendant declared liable for forty percent of any damages the plaintiff may prove as a consequence of the collision, subject to apportionment for contributory negligence.

Orders

  • The defendant is declared liable to compensate the plaintiff for forty percent of any damages the plaintiff may prove to have suffered as a consequence of the collision.
  • The defendant is provisionally ordered to pay the plaintiff's costs incurred to date, such costs to include the costs of only one counsel.