T M obo O M v Road Accident Fund (20662/2016) [2020] ZAGPJHC 194 (13 May 2020)

T M obo O M v Road Accident Fund (20662/2016) [2020] ZAGPJHC 194 (13 May 2020)

The court found that the insured driver failed to exercise reasonable care and vigilance in a residential area adjacent to a park during peak hour traffic, where the presence of children and pedestrians was foreseeable. The evidence established that the minor pedestrian acted reasonably and there was no contributory negligence. The insured driver, by failing to keep a proper lookout and driving at excessive speed, was solely negligent. The plaintiff discharged the onus of proving liability on a balance of probabilities. Accordingly, the Road Accident Fund is liable for 100% of the plaintiff's proven or agreed damages arising from the accident.

Citation
[2020] ZAGPJHC 194
Parties
Plaintiff: T M obo O M; Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
13 May 2020
Case Number
20662/2016
Procedural Posture
Civil Trial / Liability Separated From Quantum; Trial on Merits Only
Outcome
Judgment for the plaintiff on liability; defendant found 100% liable for proven or agreed damages.
Judges
D Dosio
Legal Topics
Road Accident Fund Act, Negligence, Liability of Motorists, Pedestrian Injury, Onus of Proof
Delict Civil Procedure Road Accident Fund Act Negligence Liability of Motorists Pedestrian Injury Onus of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

T M obo O M

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the insured driver was negligent in causing the collision with the minor pedestrian.
  2. 2 Whether the plaintiff discharged the onus of proving liability against the Road Accident Fund.
  3. 3 Whether there was any contributory negligence on the part of the minor pedestrian.

Ratio Decidendi

The court found that the insured driver failed to exercise reasonable care and vigilance in a residential area adjacent to a park during peak hour traffic, where the presence of children and pedestrians was foreseeable. The evidence established that the minor pedestrian acted reasonably and there was no contributory negligence. The insured driver, by failing to keep a proper lookout and driving at excessive speed, was solely negligent. The plaintiff discharged the onus of proving liability on a balance of probabilities. Accordingly, the Road Accident Fund is liable for 100% of the plaintiff's proven or agreed damages arising from the accident.

Court Disposition

Judgment for the plaintiff on liability; defendant found 100% liable for proven or agreed damages.

Orders

  • The defendant is liable for 100% of the plaintiff's proven or agreed damages pertaining to the collision on 25 April 2014.
  • The defendant must provide the plaintiff with an undertaking in terms of Section 17(4)(a) of the Road Accident Fund Act, 56 of 1996, to pay for future medical expenses arising from the injuries sustained by the minor, after such costs have been incurred and upon proof thereof.