Van Bosch v Road Accident Fund (94751/16) [2019] ZAGPPHC 38 (22 February 2019)

Van Bosch v Road Accident Fund (94751/16) [2019] ZAGPPHC 38 (22 February 2019)

The court found that the plaintiff failed to keep a proper lookout and did not ensure it was safe to move from the stop sign, given her view was obstructed by another vehicle. The evidence did not support her version that her vehicle was stationary when the insured driver collided with her. The damage to the vehicles indicated the plaintiff moved into the path of the insured driver, who was travelling on his correct lane. The plaintiff failed to discharge the onus of proving negligence on the part of the insured driver. There was insufficient evidence to conclude that the insured driver was negligent or solely responsible for the collision. Accordingly, the plaintiff's claim was dismissed.

Citation
[2019] ZAGPPHC 38
Parties
Plaintiff: Adele van Bosch; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
22 February 2019
Case Number
94751/16
Procedural Posture
Civil Trial / Merits Separated From Quantum; Quantum Postponed Sine Die
Outcome
Plaintiff's claim dismissed with costs awarded to the defendant.
Judges
M J Mosopa
Legal Topics
Road Accident Fund Act, Negligence, Onus of Proof, Motor Vehicle Collision
Delict Road Accident Fund Act Negligence Onus of Proof Motor Vehicle Collision

Case Brief

Summary, issues, holding and outcome

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Parties

Adele van Bosch

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Merits Separated From Quantum; Quantum Postponed Sine Die

Legal Issues

  1. 1 Whether the insured driver was negligent and solely responsible for the collision.
  2. 2 Whether the plaintiff proved negligence on the part of the insured driver on a balance of probabilities.
  3. 3 Whether the plaintiff herself failed to keep a proper lookout and exercise reasonable care.

Ratio Decidendi

The court found that the plaintiff failed to keep a proper lookout and did not ensure it was safe to move from the stop sign, given her view was obstructed by another vehicle. The evidence did not support her version that her vehicle was stationary when the insured driver collided with her. The damage to the vehicles indicated the plaintiff moved into the path of the insured driver, who was travelling on his correct lane. The plaintiff failed to discharge the onus of proving negligence on the part of the insured driver. There was insufficient evidence to conclude that the insured driver was negligent or solely responsible for the collision. Accordingly, the plaintiff's claim was dismissed.

Court Disposition

Plaintiff's claim dismissed with costs awarded to the defendant.

Orders

  • The plaintiff's claim is dismissed.
  • The plaintiff is ordered to pay the costs of the defendant.