Uithaler v Road Accident Fund (1847/09) [2011] ZAECPEHC 19 (26 May 2011)

Uithaler v Road Accident Fund (1847/09) [2011] ZAECPEHC 19 (26 May 2011)

The court found that the plaintiff was not merely a pedestrian but was pushing a broken-down vehicle with its lights and hazard lights on, in a well-lit area. The evidence accepted by the court indicated that visibility was adequate and that a reasonable person in the plaintiff's position would not have foreseen that a driver approaching from behind would fail to see the vehicle and the persons pushing it. The court rejected the defendant's argument that the plaintiff was negligent, finding no evidential basis that alcohol impaired the plaintiff's judgment or behaviour. The negligence of the driver of the insured vehicle was found to be the sole cause of the collision.

Citation
[2011] ZAECPEHC 19
Parties
Plaintiff: Wesley Johan Julius Uithaler; Defendant: Road Accident Fund
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
26 May 2011
Case Number
1847/09
Procedural Posture
Civil Trial / Determination of Negligence (separated Issue)
Outcome
Plaintiff succeeded on the separated issue of negligence; defendant found solely liable.
Judges
J.M. Roberson
Legal Topics
Road Accident Fund, Negligence, Apportionment of Fault, Pedestrian Duties
Delict Road Accident Fund Negligence Apportionment of Fault Pedestrian Duties

Case Brief

Summary, issues, holding and outcome

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Parties

Wesley Johan Julius Uithaler

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Determination of Negligence (separated Issue)

Legal Issues

  1. 1 Was the plaintiff negligent in the circumstances of the collision.
  2. 2 Should negligence be apportioned between the plaintiff and the driver of the insured vehicle.
  3. 3 Was the negligence of the driver of the insured vehicle the sole cause of the collision.

Ratio Decidendi

The court found that the plaintiff was not merely a pedestrian but was pushing a broken-down vehicle with its lights and hazard lights on, in a well-lit area. The evidence accepted by the court indicated that visibility was adequate and that a reasonable person in the plaintiff's position would not have foreseen that a driver approaching from behind would fail to see the vehicle and the persons pushing it. The court rejected the defendant's argument that the plaintiff was negligent, finding no evidential basis that alcohol impaired the plaintiff's judgment or behaviour. The negligence of the driver of the insured vehicle was found to be the sole cause of the collision.

Court Disposition

Plaintiff succeeded on the separated issue of negligence; defendant found solely liable.

Orders

  • It is declared that the negligence of the driver of motor vehicle with registration number BMP 301 EC was the sole cause of the collision which occurred on 30 June 2007, in which the plaintiff sustained bodily injuries.
  • The defendant is ordered to pay the costs of the trial in respect of the issue of negligence, including the costs of an inspection in loco and photographs.