Van der Merwe v Road Accident Fund (584/2023) [2025] ZASCA 28 (28 March 2025)

Van der Merwe v Road Accident Fund (584/2023) [2025] ZASCA 28 (28 March 2025)

The Supreme Court of Appeal held that the fall from the stairs was not a novus actus interveniens, as it was reasonably foreseeable given the plaintiff's mobility restrictions and balance problems resulting from the motor vehicle accident. Medical and expert evidence confirmed that the right knee and lower back injuries were present before the fall. The defendant conceded liability for general damages and future medical expenses, and the only issue for determination was quantum for loss of earnings. The trial court erred by allowing the novus actus argument to be raised for the first time in closing, without it being pleaded or canvassed with witnesses, amounting to trial by ambush. The...

Citation
[2025] ZASCA 28
Parties
Appellant: Amoré van der Merwe; Respondent: Road Accident Fund
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
28 March 2025
Case Number
584/2023
Procedural Posture
Civil Appeal / Appeal From Full Court Decision
Outcome
Appeal upheld. Defendant found 100% liable for plaintiff's agreed or proven damages. Quantification of loss of earnings remitted to trial court.
Judges
Nicholls, Mabindla-Boqwana, Molefe
Legal Topics
Novus Actus Interveniens, Causation, Road Accident Fund Act, Quantum of Damages, Loss of Earnings, General Damages
Delict Novus Actus Interveniens Causation Road Accident Fund Act Quantum of Damages Loss of Earnings General Damages

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 4 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Amoré van der Merwe

Appellant

Road Accident Fund

Respondent

Procedural Posture

Civil Appeal / Appeal From Full Court Decision

Legal Issues

  1. 1 Whether the fall from the stairs constituted a novus actus interveniens breaking the causal chain from the motor vehicle accident.
  2. 2 Whether the defendant was liable for 100% of the plaintiff's damages, including those allegedly resulting from the later fall.
  3. 3 Whether the trial court erred in granting absolution from the instance based on causation.

Ratio Decidendi

The Supreme Court of Appeal held that the fall from the stairs was not a novus actus interveniens, as it was reasonably foreseeable given the plaintiff's mobility restrictions and balance problems resulting from the motor vehicle accident. Medical and expert evidence confirmed that the right knee and lower back injuries were present before the fall. The defendant conceded liability for general damages and future medical expenses, and the only issue for determination was quantum for loss of earnings. The trial court erred by allowing the novus actus argument to be raised for the first time in closing, without it being pleaded or canvassed with witnesses, amounting to trial by ambush. The...

Court Disposition

Appeal upheld. Defendant found 100% liable for plaintiff's agreed or proven damages. Quantification of loss of earnings remitted to trial court.

Orders

  • The application to introduce new evidence is dismissed with costs including the costs of two counsel, where so employed.
  • The appeal is upheld with costs including the cost of two counsel, where so employed.