Pretorius v Wessels, Pretorius v Wessels (814/03, 184/05) [2005] ZANWHC 7 (1 January 2005)

Pretorius v Wessels, Pretorius v Wessels (814/03, 184/05) [2005] ZANWHC 7 (1 January 2005)

The court found that Albert Wessels was negligent in executing a dangerous manoeuvre ('handbrake turn') with passengers on the back of the bakkie, resulting in serious injury to Bennie Pretorius. Bennie was found to have contributed to his own injury by failing to heed warnings and by consuming alcohol, and his contributory negligence was apportioned at 35%, with Albert's at 65%. Regarding Stephanus Wessels, the court held that he had granted permission to Albert to drive the vehicle, despite knowing Albert was unlicensed and underage, and that such permission constituted a breach of his legal duty to prevent foreseeable harm. The insurance claim form and evidence of prior conduct...

Citation
[2005] ZANWHC 7
Parties
Plaintiff: Benjamin Christoffel Pretorius; Plaintiff: Samuel Richard Pretorius; Defendant: Stephanus Wessels; Defendant: Albert Wessels
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
1 January 2005
Case Number
814/03, 184/05
Procedural Posture
Civil Trial / Merits Separated From Quantum; Consolidated Actions
Outcome
Judgment for the plaintiffs; both defendants held jointly and severally liable for damages and costs.
Judges
A A Landman
Legal Topics
Contributory Negligence, Parental Liability, Personal Injury, Motor Vehicle Accident, Duty of Care, Apportionment of Liability
Delict Civil Procedure Family and Children Contributory Negligence Parental Liability Personal Injury Motor Vehicle Accident Duty of Care +1 more

Case Brief

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Parties

Benjamin Christoffel Pretorius

Plaintiff

Samuel Richard Pretorius

Plaintiff

Stephanus Wessels

Defendant

Albert Wessels

Defendant

Procedural Posture

Civil Trial / Merits Separated From Quantum; Consolidated Actions

Legal Issues

  1. 1 Whether Albert Wessels was negligent in his driving and to what extent Bennie Pretorius contributed to his own injury.
  2. 2 Whether Stephanus Wessels (senior) is personally liable for the damages suffered by the plaintiffs due to his own conduct or omissions.
  3. 3 Whether the permission granted by Stephanus Wessels to Albert to drive the vehicle constituted a breach of legal duty.

Ratio Decidendi

The court found that Albert Wessels was negligent in executing a dangerous manoeuvre ('handbrake turn') with passengers on the back of the bakkie, resulting in serious injury to Bennie Pretorius. Bennie was found to have contributed to his own injury by failing to heed warnings and by consuming alcohol, and his contributory negligence was apportioned at 35%, with Albert's at 65%. Regarding Stephanus Wessels, the court held that he had granted permission to Albert to drive the vehicle, despite knowing Albert was unlicensed and underage, and that such permission constituted a breach of his legal duty to prevent foreseeable harm. The insurance claim form and evidence of prior conduct...

Court Disposition

Judgment for the plaintiffs; both defendants held jointly and severally liable for damages and costs.

Orders

  • The defendants are jointly and severally liable for the damages suffered by Samuel Richard Pretorius in his personal and representative capacities.
  • The defendants are ordered to pay the costs of the action, including the costs of two advocates.