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South Africa Judgment

South Gauteng High Court, Johannesburg

Seef C L obo Devon and Aonther v Road Accident Fund (2011/31448) [2014] ZAGPJHC 159 (16 May 2014)

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Source document

01

Holding and result

The court found that the driver of vehicle X acted recklessly by blocking both lanes of Terrace Road, which directly led to the collision with the deceased driver. As the action was brought by dependents, the negligence of the deceased driver was immaterial to the determination of liability. The Road Accident Fund is therefore liable for all damages suffered by the dependents arising from the collision, with the quantum of damages reserved for future determination.

Court disposition

Liability for damages in favour of the dependents; quantum reserved.

Orders

  • It is declared that the Road Accident Fund is liable for all of the damages suffered by the dependents arising out of the collision.
  • The Road Accident Fund is to pay the plaintiffs’ costs including those of the expert, R A Opperman.
  • The question of quantum is reserved for future determination.

02

Material facts

Parties

Seef, C L obo Lange, Devon

Plaintiff Counsel: W Pye

Delafuente, L B obo Delefuente, Isabella Lela Grace

Plaintiff Counsel: W Pye

Road Accident Fund

Defendant Counsel: T C Salane

03

Procedural history

  1. Posture

    Civil Liability / Liability Determination; Quantum Reserved

04

Questions and positions

Legal issues

Party arguments

Applicant
The plaintiffs argued that the collision was caused by the reckless conduct of the driver of vehicle X, who blocked both lanes of Terrace Road, resulting in the deceased driver colliding with vehicle X. They contended that the dependents are entitled to damages from the Road Accident Fund as a result of the collision, regardless of any negligence on the part of the deceased driver.
Respondent
The defendant did not dispute the facts and accepted that the action was a dependents' claim. The Fund agreed that liability for damages suffered by the dependents would rest with it, subject to proof of quantum at a later hearing.

05

Court’s reasoning

  1. 01

    Road Accident Fund Act

    In a dependents' action, the liability of the Road Accident Fund is determined by the damages suffered by the dependents as a result of the collision, irrespective of the deceased driver's negligence.

  2. 02

    Common law principles of delict

    Reckless conduct by a third party that causes a collision may establish liability for damages under the law of delict.

06

Ratio, limits and disposition

Ratio decidendi

The court found that the driver of vehicle X acted recklessly by blocking both lanes of Terrace Road, which directly led to the collision with the deceased driver. As the action was brought by dependents, the negligence of the deceased driver was immaterial to the determination of liability. The Road Accident Fund is therefore liable for all damages suffered by the dependents arising from the collision, with the quantum of damages reserved for future determination.

Obiter and limits

  • The question of quantum is reserved for another hearing and was not determined in this judgment.
  • The conduct of the driver of vehicle X was reckless and directly contributed to the collision.

Court disposition

Liability for damages in favour of the dependents; quantum reserved.

  • It is declared that the Road Accident Fund is liable for all of the damages suffered by the dependents arising out of the collision.
  • The Road Accident Fund is to pay the plaintiffs’ costs including those of the expert, R A Opperman.
  • The question of quantum is reserved for future determination.

Source and reliance status

South Gauteng High Court, Johannesburg

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Judgment text

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Source document

South Gauteng High Court, Johannesburg

Judgment

[2014] ZAGPJHC 159

REPUBLIC OF SOUTH

AFRICA

IN THE HIGH COURT OF SOUTH AFRICA,

GAUTENG LOCAL DIVISION,

JOHANNESBURG

CASE NO: 2011/31448

DATE: 16 MAY 2014

In the matter between:

SEEF, C L obo LANGE, DEVON..............................................................First Plaintiff

DELAFUENTE, L B obo DELEFUENTE,

ISABELLA LELA GRACE......................................................................Second Plaintiff

And

ROAD ACCIDENT FUND.................................................................................Defendant

J U

D G M E N T

WRIGHT J

1. The facts in this case are common cause. The deceased driver was driving along Betchuana Road. At its intersection with Terrace Road he took the slip-road to the left, going into Terrace Road. Terrace Road has two lanes going in in the direction that the deceased driver was traveling. On the left hand side, on the pavement at the point where the slip-road from Betchuana Road meets Terrace Road there is a pole. About 30 meters from that pole, on the pavement just left of the left hand lane in Terrace Road there is a street light pole.

2. At about 3:30am on the morning in question, a police vehicle was stationary in the left lane in Terrace Road next to the street light pole. The police had stopped the vehicle which was stationary immediately in front of the police vehicle. Another vehicle, (vehicle X) which had been traveling in convoy with the vehicle stopped by the police, was stationary, two vehicles in front of the police vehicle. The driver of vehicle X then did a u-turn, traveling over the solid line separating the lanes going in different directions in Terrace Road, completed a circular manoeuvre and stopped next to the police vehicle in the right hand lane, apparently to make inquiries. In so doing, the driver of vehicle X completed the blocking of both lanes in Terrace Road. The driver of vehicle X was in my view reckless.

3. The deceased driver, once he had entered Terrace Road drove into the back of vehicle X. It is not necessary for me to decide whether or not the deceased driver was negligent as the present action is a dependent’s action.

4. The Fund is liable for all of the damages which the dependents can prove against the Fund.

5. By agreement the question of quantum is reserved for another hearing.

Order

1. It is declared that the Fund is liable for all of the damages suffered by the dependents arising out of the collision.

2. The Fund is to pay the plaintiffs’ costs including those of the expert, R A Opperman.

3. The question of quantum is reserved for future determination.

JUDGE OF THE HIGH

COURT

On behalf of the 1st & 2nd Plaintiffs: Adv. W Pye

082 416 1000

Instructed by: C N Sweetnam Attorney

011 648 9520

On behalf of the Respondent: Att. T C Salane

076 039 5087

Instructed by: Pule Inc

011 482 1044

Dates of Hearing: 16 May 2014

Date of Judgment: 16 May 2014

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Authorities

Authorities used by the court

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Road Accident Fund Act

Legislation

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