Petterson NO v Road Accident Fund (6552/2003) [2005] ZAKZHC 28 (29 July 2005)

Petterson NO v Road Accident Fund (6552/2003) [2005] ZAKZHC 28 (29 July 2005)

The court found, on a balance of probabilities, that the insured driver was solely negligent in causing the collision with the minor child, Ziyanda Beryl Malunga. The evidence established that the children were walking correctly on the right side of the road and moved off the roadway when the insured vehicle approached. The insured driver failed to exercise the required degree of care and vigilance, did not give a wider berth despite the road being wide enough, and did not reduce speed or sound a hooter. The insured driver removed his concentration from the children after they moved off the road and did not notice the collision, further evidencing a lack of proper lookout. The court...

Citation
[2005] ZAKZHC 28
Parties
Plaintiff: Robin Valdon Home Petterson N.O.; Defendant: Road Accident Fund
Court
High Courts - Kwazulu Natal
Jurisdiction
South Africa
Judgment Date
29 July 2005
Case Number
6552/2003
Procedural Posture
Civil Trial / Liability Separated From Quantum; Judgment on Liability Only
Outcome
Plaintiff succeeded on the issue of liability; defendant found solely liable for the collision.
Judges
Ndlovu
Legal Topics
Road Accident Fund Act, Negligence, Liability of Motorists, Curator Ad Litem, Apportionment of Blame
Delict Civil Procedure Road Accident Fund Act Negligence Liability of Motorists Curator Ad Litem Apportionment of Blame

Case Brief

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Parties

Robin Valdon Home Petterson N.O.

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the insured driver was negligent in causing the collision with the minor child.
  2. 2 Whether the minor child contributed to the cause of the collision.
  3. 3 Whether the defendant is liable to compensate the plaintiff for damages arising from the collision.

Ratio Decidendi

The court found, on a balance of probabilities, that the insured driver was solely negligent in causing the collision with the minor child, Ziyanda Beryl Malunga. The evidence established that the children were walking correctly on the right side of the road and moved off the roadway when the insured vehicle approached. The insured driver failed to exercise the required degree of care and vigilance, did not give a wider berth despite the road being wide enough, and did not reduce speed or sound a hooter. The insured driver removed his concentration from the children after they moved off the road and did not notice the collision, further evidencing a lack of proper lookout. The court...

Court Disposition

Plaintiff succeeded on the issue of liability; defendant found solely liable for the collision.

Orders

  • The collision on 21 July 2000 between the insured vehicle and the minor child, Ziyanda Beryl Malunga, was caused solely by the negligent driving of the insured driver, Magayisa Timothy Mkhungo.
  • The defendant is liable to compensate the plaintiff for any damages which the plaintiff may prove.