Radebe v Road Accident Fund (5295/2003) [2007] ZAECHC 126 (1 March 2007)

Radebe v Road Accident Fund (5295/2003) [2007] ZAECHC 126 (1 March 2007)

On a balance of probabilities, the collision occurred on or near the centre line of the road. Both drivers, Sizwe D Mbambo and L Ndwanya, were found to be equally negligent, each contributing 50% to the cause of the collision. The evidence showed that neither driver took sufficient steps to avoid the collision, and both encroached upon the centre line, failing in their respective duties to keep a proper lookout and maintain control of their vehicles. The plaintiff and her minor child sustained injuries as a result of the collision, and the defendant, as the insurer, is liable for damages apportioned according to the equal negligence of both drivers.

Citation
[2007] ZAECHC 126
Parties
Plaintiff: Nodim Cynthia Radebe; Defendant: Road Accident Fund
Court
High Courts - Eastern Cape
Jurisdiction
South Africa
Judgment Date
1 March 2007
Case Number
5295/2003
Procedural Posture
Civil Trial / Merits Separated From Quantum; Judgment on Merits
Outcome
Both drivers were found equally negligent (50% each). The plaintiff is entitled to costs against the defendant.
Judges
A E B Dhlodhlo
Legal Topics
Road Accident Fund Act, Negligence, Contributory Negligence, Personal Injury, Apportionment of Liability
Delict Civil Procedure Land and Property Road Accident Fund Act Negligence Contributory Negligence Personal Injury Apportionment of Liability

Case Brief

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Parties

Nodim Cynthia Radebe

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Merits Separated From Quantum; Judgment on Merits

Legal Issues

  1. 1 Whether the collision was caused by the negligence of either or both drivers involved.
  2. 2 Whether the plaintiff and her minor child are entitled to damages from the defendant.
  3. 3 Whether liability should be apportioned between the drivers.

Ratio Decidendi

On a balance of probabilities, the collision occurred on or near the centre line of the road. Both drivers, Sizwe D Mbambo and L Ndwanya, were found to be equally negligent, each contributing 50% to the cause of the collision. The evidence showed that neither driver took sufficient steps to avoid the collision, and both encroached upon the centre line, failing in their respective duties to keep a proper lookout and maintain control of their vehicles. The plaintiff and her minor child sustained injuries as a result of the collision, and the defendant, as the insurer, is liable for damages apportioned according to the equal negligence of both drivers.

Court Disposition

Both drivers were found equally negligent (50% each). The plaintiff is entitled to costs against the defendant.

Orders

  • The defendant is liable for damages to the plaintiff and her minor child, apportioned according to the equal negligence of both drivers.
  • The plaintiff is awarded costs against the defendant, including costs of photographs and qualifying costs of preparing plans.