Swartz v Road Accident Fund (3880/2015) [2018] ZAECPEHC 73 (27 November 2018)

Swartz v Road Accident Fund (3880/2015) [2018] ZAECPEHC 73 (27 November 2018)

The court found that the plaintiff was placed in a dangerous situation by the reckless conduct of the Golf driver. The plaintiff's decision not to apply the brakes was not unreasonable given the circumstances, and there was no evidence that his actions were negligent. The defendant's argument regarding contributory negligence was rejected, as the plaintiff's conduct did not contribute to the accident. The driver of the Golf was wholly to blame for the collision, and the defendant is liable for 100% of the plaintiff's proven damages.

Citation
[2018] ZAECPEHC 73
Parties
Plaintiff: Nicholas Swartz; Defendant: Road Accident Fund
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
27 November 2018
Case Number
3880/2015
Procedural Posture
Civil Trial / Liability Determination
Outcome
Defendant is liable for 100% of the plaintiff's proven damages arising from the collision.
Judges
E Revelas
Legal Topics
Motor Vehicle Collision, Contributory Negligence, Liability, Damages
Delict Motor Vehicle Collision Contributory Negligence Liability Damages

Case Brief

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Parties

Nicholas Swartz

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Liability Determination

Legal Issues

  1. 1 Whether the plaintiff was negligent in failing to apply his brakes during the collision.
  2. 2 Whether the plaintiff contributed to the accident and resulting damages.
  3. 3 Whether the defendant is liable for the full extent of the plaintiff's damages.

Ratio Decidendi

The court found that the plaintiff was placed in a dangerous situation by the reckless conduct of the Golf driver. The plaintiff's decision not to apply the brakes was not unreasonable given the circumstances, and there was no evidence that his actions were negligent. The defendant's argument regarding contributory negligence was rejected, as the plaintiff's conduct did not contribute to the accident. The driver of the Golf was wholly to blame for the collision, and the defendant is liable for 100% of the plaintiff's proven damages.

Court Disposition

Defendant is liable for 100% of the plaintiff's proven damages arising from the collision.

Orders

  • Defendant shall be liable for 100% of such damages as Plaintiff is able to prove arising out of injuries sustained by him in the collision on 16 June 2011.
  • Defendant shall pay plaintiff’s costs of suit, as taxed or agreed, together with VAT thereon, on the party and party scale.