Salumu Obo Medi v Road Accident Fund (12895/2014) [2016] ZAGPJHC 150 (13 June 2016)

Salumu Obo Medi v Road Accident Fund (12895/2014) [2016] ZAGPJHC 150 (13 June 2016)

The court found, on the balance of probabilities and the credibility of the witnesses, that the plaintiff is the mother of the minor and has locus standi. The evidence, particularly from Mr Mansita, established that the minor was crossing at a robot-controlled intersection when the collision occurred. The insured driver likely entered the intersection as the light was changing, failing to keep a proper lookout and possibly jumping a red light. The minor also contributed to the accident by crossing in a hurry and not paying sufficient attention. The court apportioned fault at 25% to the minor and 75% to the insured driver, reducing the quantum of damages accordingly.

Citation
[2016] ZAGPJHC 150
Parties
Plaintiff: Salumu, Odette (obo Medi Bless); Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
13 June 2016
Case Number
12895/2014
Procedural Posture
Civil Trial / Judgment on Liability and Locus Standi
Outcome
Plaintiff's locus standi confirmed; defendant found liable subject to apportionment of fault.
Judges
Van der Linde
Legal Topics
Road Accident Liability, Apportionment of Fault, Locus Standi, Negligence
Delict Road Accident Liability Apportionment of Fault Locus Standi Negligence

Case Brief

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Parties

Salumu, Odette (obo Medi Bless)

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Judgment on Liability and Locus Standi

Legal Issues

  1. 1 Whether the plaintiff is the mother of the minor and has locus standi to act on his behalf.
  2. 2 Whether the insured driver was negligent in causing the collision.
  3. 3 How fault should be apportioned between the minor and the insured driver.

Ratio Decidendi

The court found, on the balance of probabilities and the credibility of the witnesses, that the plaintiff is the mother of the minor and has locus standi. The evidence, particularly from Mr Mansita, established that the minor was crossing at a robot-controlled intersection when the collision occurred. The insured driver likely entered the intersection as the light was changing, failing to keep a proper lookout and possibly jumping a red light. The minor also contributed to the accident by crossing in a hurry and not paying sufficient attention. The court apportioned fault at 25% to the minor and 75% to the insured driver, reducing the quantum of damages accordingly.

Court Disposition

Plaintiff's locus standi confirmed; defendant found liable subject to apportionment of fault.

Orders

  • It is declared that the plaintiff has locus standi to act on behalf of Medi Bless in this action.
  • The quantum of the minor’s claim for damages is to be reduced by 25%.