Slater v Road Accident Fund (20291/2013) [2014] ZAGPPHC 348 (12 June 2014)

Slater v Road Accident Fund (20291/2013) [2014] ZAGPPHC 348 (12 June 2014)

The court found the plaintiff to be a credible and reliable witness whose version of events was more probable than that of the insured driver. The plaintiff was not overtaking but had moved slightly over the middle line to check for oncoming traffic. The insured driver failed to take reasonable evasive action despite having the opportunity and space to do so. The point of impact and damage to the insured vehicle corroborated the plaintiff's account. Applying the test for negligence, the insured driver failed to act as a reasonable person would have under the circumstances. However, the plaintiff also contributed to the accident by moving over the middle line and failing to take steps to...

Citation
[2014] ZAGPPHC 348
Parties
Plaintiff: Steve Slater; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
12 June 2014
Case Number
20291/2013
Procedural Posture
Civil Trial / Liability Separated From Quantum; Merits Decided, Quantum Postponed Sine Die
Outcome
The defendant is liable to pay 40% of the plaintiff’s proven or agreed damages and the costs in respect of the merits portion of the plaintiff’s action.
Judges
D S Molefe
Legal Topics
Road Accident Fund Act, Negligence, Apportionment of Damages, Contributory Negligence
Delict Civil Procedure Road Accident Fund Act Negligence Apportionment of Damages Contributory Negligence

Case Brief

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Parties

Steve Slater

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Liability Separated From Quantum; Merits Decided, Quantum Postponed Sine Die

Legal Issues

  1. 1 Whether the insured driver was negligent.
  2. 2 Whether the plaintiff was negligent.
  3. 3 The apportionment of negligence between the parties, if applicable.

Ratio Decidendi

The court found the plaintiff to be a credible and reliable witness whose version of events was more probable than that of the insured driver. The plaintiff was not overtaking but had moved slightly over the middle line to check for oncoming traffic. The insured driver failed to take reasonable evasive action despite having the opportunity and space to do so. The point of impact and damage to the insured vehicle corroborated the plaintiff's account. Applying the test for negligence, the insured driver failed to act as a reasonable person would have under the circumstances. However, the plaintiff also contributed to the accident by moving over the middle line and failing to take steps to...

Court Disposition

The defendant is liable to pay 40% of the plaintiff’s proven or agreed damages and the costs in respect of the merits portion of the plaintiff’s action.

Orders

  • The issues of merits and quantum are separated in terms of Rule 33(4).
  • The aspect of quantum is postponed sine die.