Camilleri v Old Mutual Investment Group Investments (Pty) Ltd (16484/2007) [2011] ZAWCHC 364 (15 September 2011)

Camilleri v Old Mutual Investment Group Investments (Pty) Ltd (16484/2007) [2011] ZAWCHC 364 (15 September 2011)

The court applied the established test for absolution from the instance at the close of the plaintiff's case, requiring only that there be evidence upon which the court could or might find for the plaintiff. The plaintiff's evidence, including her testimony regarding slipping on a substance and her feet being caught by a protruding metal strip, was sufficient to meet the low threshold required. The court found that the plaintiff's version was supported by the evidence and not contradicted at this stage. The legal principles regarding the duty of care for premises controllers and the application of res ipsa loquitur further supported the plaintiff's case. The defendant's arguments were...

Citation
[2011] ZAWCHC 364
Parties
Plaintiff: Christine Camilleri; Defendant: Old Mutual Investment Group Investments Pty Ltd
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
15 September 2011
Case Number
16484/2007
Procedural Posture
Absolution Application / Application for Absolution From the Instance at the Close of the Plaintiff's Case
Outcome
Application for absolution from the instance at the close of the plaintiff's case is refused.
Judges
J I Cloete
Legal Topics
Absolution From the Instance, Premises Liability, Negligence, Duty of Care, Res Ipsa Loquitur
Civil Procedure Delict Absolution From the Instance Premises Liability Negligence Duty of Care Res Ipsa Loquitur

Case Brief

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Parties

Christine Camilleri

Plaintiff

Old Mutual Investment Group Investments Pty Ltd

Defendant

Procedural Posture

Absolution Application / Application for Absolution From the Instance at the Close of the Plaintiff's Case

Legal Issues

  1. 1 Whether the plaintiff has established a prima facie case to survive absolution from the instance at the close of her case.
  2. 2 Whether there is evidence upon which the court could or might find for the plaintiff regarding the cause of her fall and injury.
  3. 3 Whether the absence of a railing and the presence of a metal strip contributed to the plaintiff's injuries.

Ratio Decidendi

The court applied the established test for absolution from the instance at the close of the plaintiff's case, requiring only that there be evidence upon which the court could or might find for the plaintiff. The plaintiff's evidence, including her testimony regarding slipping on a substance and her feet being caught by a protruding metal strip, was sufficient to meet the low threshold required. The court found that the plaintiff's version was supported by the evidence and not contradicted at this stage. The legal principles regarding the duty of care for premises controllers and the application of res ipsa loquitur further supported the plaintiff's case. The defendant's arguments were...

Court Disposition

Application for absolution from the instance at the close of the plaintiff's case is refused.

Orders

  • Absolution from the instance at the close of the plaintiff's case is refused.
  • Costs shall stand over for later determination.