Van den Heever v Road Accident Fund (A202/2019) [2020] ZAFSHC 192 (29 October 2020)

Van den Heever v Road Accident Fund (A202/2019) [2020] ZAFSHC 192 (29 October 2020)

The majority held that the appellant failed to prove that the insured driver's conduct was the factual and legal cause of the accident. The evidence indicated that the immediate cause of the vehicle overturning was the passenger grabbing the steering wheel, which constituted an actus novus interveniens, breaking the chain of causation from the insured driver's alleged negligence. The trial court's findings on credibility and probabilities were upheld, and the appeal was dismissed. In dissent, Jordaan J found that the chain of events initiated by the insured driver's negligent act of throwing the bottle was reasonably foreseeable and directly led to the accident, and that the grabbing of...

Citation
[2020] ZAFSHC 192
Parties
Appellant: Mariska Van den Heever; Respondent: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
29 October 2020
Case Number
A202/2019
Procedural Posture
Civil Appeal / Appeal From Trial Court Judgment
Outcome
Appeal dismissed with costs (majority); dissent would have upheld the appeal and found the respondent liable.
Judges
Mbhele, Jordaan, Naidoo
Legal Topics
Road Accident Fund Act, Negligence, Causation, Actus Novus Interveniens, Duty of Care
Delict Road Accident Fund Act Negligence Causation Actus Novus Interveniens Duty of Care

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 14 Party arguments 2
Sign in to unlock

Parties

Mariska Van den Heever

Appellant

Road Accident Fund

Respondent

Procedural Posture

Civil Appeal / Appeal From Trial Court Judgment

Legal Issues

  1. 1 Whether the insured driver was negligent in throwing a bottle out of the vehicle, causing the accident.
  2. 2 Whether the conduct of the insured driver was the factual and legal cause of the appellant's injuries.
  3. 3 Whether the grabbing of the steering wheel by the passenger constituted an actus novus interveniens breaking the chain of causation.

Ratio Decidendi

The majority held that the appellant failed to prove that the insured driver's conduct was the factual and legal cause of the accident. The evidence indicated that the immediate cause of the vehicle overturning was the passenger grabbing the steering wheel, which constituted an actus novus interveniens, breaking the chain of causation from the insured driver's alleged negligence. The trial court's findings on credibility and probabilities were upheld, and the appeal was dismissed. In dissent, Jordaan J found that the chain of events initiated by the insured driver's negligent act of throwing the bottle was reasonably foreseeable and directly led to the accident, and that the grabbing of...

Court Disposition

Appeal dismissed with costs (majority); dissent would have upheld the appeal and found the respondent liable.

Orders

  • The appeal is dismissed with costs.