Smith v Road Accident Fund (2881/2017) [2019] ZAECPEHC 33 (30 May 2019)

Smith v Road Accident Fund (2881/2017) [2019] ZAECPEHC 33 (30 May 2019)

The court found that the evidence did not establish negligence on the part of the insured driver. The plaintiff was involuntarily pushed into the path of the vehicle in a split second, and there was no evidence that the driver could have anticipated or avoided the collision. The insured driver was not expected to foresee pedestrians on the freeway, and nothing in the circumstances required him to be overly cautious. The plaintiff's own evidence and that of his wife supported the view that the driver had little, if any, opportunity to avoid the accident. The court also found no contributory negligence on the part of the plaintiff, as he did not voluntarily place himself in harm's way....

Citation
[2019] ZAECPEHC 33
Parties
Plaintiff: Richard Allan Smith; Defendant: Road Accident Fund
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
30 May 2019
Case Number
2881/2017
Procedural Posture
Civil Trial / Merits Separated From Quantum; Trial on Liability Only
Outcome
Plaintiff's action dismissed with costs.
Judges
Makaula
Legal Topics
Negligence, Contributory Negligence, Road Accident Fund Act, Pedestrian Liability
Delict Negligence Contributory Negligence Road Accident Fund Act Pedestrian Liability

Case Brief

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Parties

Richard Allan Smith

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Merits Separated From Quantum; Trial on Liability Only

Legal Issues

  1. 1 Was the insured driver negligent in colliding with the plaintiff?
  2. 2 Was there causative contributory negligence on the part of the plaintiff?

Ratio Decidendi

The court found that the evidence did not establish negligence on the part of the insured driver. The plaintiff was involuntarily pushed into the path of the vehicle in a split second, and there was no evidence that the driver could have anticipated or avoided the collision. The insured driver was not expected to foresee pedestrians on the freeway, and nothing in the circumstances required him to be overly cautious. The plaintiff's own evidence and that of his wife supported the view that the driver had little, if any, opportunity to avoid the accident. The court also found no contributory negligence on the part of the plaintiff, as he did not voluntarily place himself in harm's way....

Court Disposition

Plaintiff's action dismissed with costs.

Orders

  • The action is dismissed with costs.