Ngwenya v Road Accident Fund (4945/2016) [2017] ZAGPPHC 107 (31 March 2017)

Ngwenya v Road Accident Fund (4945/2016) [2017] ZAGPPHC 107 (31 March 2017)

The court found that the plaintiff's injuries were indeed caused by a motor vehicle collision. Although the traffic light was green for the plaintiff, his conduct in wrestling with a thief in the middle of the road contributed to the collision. The court held that the plaintiff bore 20% of the blame, and thus his damages should be reduced accordingly. The absence of a formal prayer for apportionment in the defendant's plea did not bar the court from granting apportionment, as the issue was sufficiently raised in the pleadings and supported by statutory authority. The defendant is liable for 80% of the plaintiff's proven or agreed damages, with quantum to be determined later.

Citation
[2017] ZAGPPHC 107
Parties
Plaintiff: S'MANGALISO HENDRY NGWENYA; Defendant: ROAD ACCIDENT FUND
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
31 March 2017
Case Number
4945/2016
Procedural Posture
Civil Trial / Liability Determination; Quantum Postponed
Outcome
Plaintiff's claim succeeds in part; defendant liable for 80% of proven or agreed damages; quantum postponed.
Judges
TM Makgoka
Legal Topics
Contributory Negligence, Apportionment of Damages, Road Accident Fund Act, Separation of Issues
Delict Civil Procedure Contributory Negligence Apportionment of Damages Road Accident Fund Act Separation of Issues

Case Brief

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Parties

S'MANGALISO HENDRY NGWENYA

Plaintiff

ROAD ACCIDENT FUND

Defendant

Procedural Posture

Civil Trial / Liability Determination; Quantum Postponed

Legal Issues

  1. 1 Whether the plaintiff's injuries were caused by a motor vehicle collision as alleged.
  2. 2 Whether the insured driver was negligent.
  3. 3 Whether the plaintiff was contributorily negligent and to what extent.

Ratio Decidendi

The court found that the plaintiff's injuries were indeed caused by a motor vehicle collision. Although the traffic light was green for the plaintiff, his conduct in wrestling with a thief in the middle of the road contributed to the collision. The court held that the plaintiff bore 20% of the blame, and thus his damages should be reduced accordingly. The absence of a formal prayer for apportionment in the defendant's plea did not bar the court from granting apportionment, as the issue was sufficiently raised in the pleadings and supported by statutory authority. The defendant is liable for 80% of the plaintiff's proven or agreed damages, with quantum to be determined later.

Court Disposition

Plaintiff's claim succeeds in part; defendant liable for 80% of proven or agreed damages; quantum postponed.

Orders

  • The issues of liability and quantum are separated in terms of rule 33(4) of the Uniform Rules of Court.
  • The defendant is liable to pay the plaintiff 80% of his proven or agreed damages.