Van den Berg v Road Accident Fund (892/03 , 57/2006) [2006] ZAECHC 24 (18 May 2006)

Van den Berg v Road Accident Fund (892/03 , 57/2006) [2006] ZAECHC 24 (18 May 2006)

The court found the plaintiff to be a credible witness whose version was supported by physical evidence and expert testimony. The probabilities overwhelmingly favoured the plaintiff's account that Kapp was negligent in failing to control his motorcycle, driving at excessive speed, and not applying his brakes timeously. The defendant's version was found to be highly improbable and unsupported by the physical evidence. The defendant failed to establish any contributory negligence on the part of the plaintiff. Accordingly, the defendant is liable for the damages arising from the motor accident.

Citation
[2006] ZAECHC 24
Parties
Plaintiff: Hermanus Van den Berg; Defendant: Road Accident Fund
Court
High Courts - Eastern Cape
Jurisdiction
South Africa
Judgment Date
18 May 2006
Case Number
892/03
Procedural Posture
Action for Damages / Liability Separated From Quantum Under Rule 33(4); Judgment on Liability
Outcome
Judgment for the plaintiff on liability; defendant found liable for damages arising from the motor accident.
Judges
C. Plasket
Legal Topics
Negligence, Motor Vehicle Accident, Contributory Negligence, Burden of Proof
Delict Negligence Motor Vehicle Accident Contributory Negligence Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Hermanus Van den Berg

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Action for Damages / Liability Separated From Quantum Under Rule 33(4); Judgment on Liability

Legal Issues

  1. 1 Whether the collision was caused by the negligence of Johan Kapp, for which the defendant is liable.
  2. 2 Whether the plaintiff was contributorily negligent in respect of the collision.
  3. 3 Whether the physical evidence supports the plaintiff's or defendant's version of events.

Ratio Decidendi

The court found the plaintiff to be a credible witness whose version was supported by physical evidence and expert testimony. The probabilities overwhelmingly favoured the plaintiff's account that Kapp was negligent in failing to control his motorcycle, driving at excessive speed, and not applying his brakes timeously. The defendant's version was found to be highly improbable and unsupported by the physical evidence. The defendant failed to establish any contributory negligence on the part of the plaintiff. Accordingly, the defendant is liable for the damages arising from the motor accident.

Court Disposition

Judgment for the plaintiff on liability; defendant found liable for damages arising from the motor accident.

Orders

  • The defendant shall be liable for the damages that the plaintiff proves in due course arising from the motor accident that occurred on 20 March 1999.
  • The defendant is directed to pay the plaintiff's costs, including the costs of an inspection in loco attended by counsel and witnesses, and the qualifying costs, if any, of expert witnesses in respect of whom rule 36(9)(b) notices have been filed.