Van Wyk v Road Accident Fund (3352/2014) [2015] ZAGPPHC 863 (17 November 2015)

Van Wyk v Road Accident Fund (3352/2014) [2015] ZAGPPHC 863 (17 November 2015)

The court found that the plaintiff's injuries were not sufficiently linked to the driving of the motor vehicle as required by section 17(1) of the Road Accident Fund Act. The evidence showed that the vehicle stopped at a stop sign and did not swerve or drive on the pavement to facilitate the throwing of the egg. The conduct that led to the plaintiff being hit was not related to negligent driving or any unlawful act carried out through the agency of the vehicle. Extending liability to such circumstances would go beyond the intention of the legislature and the object of the Act. Therefore, the plaintiff failed to establish a prima facie case, and absolution from the instance was granted.

Citation
[2015] ZAGPPHC 863
Parties
Plaintiff: MM Van Wyk; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
17 November 2015
Case Number
3352/2014
Procedural Posture
Civil Trial / Absolution From the Instance After Plaintiff Closed Her Case
Outcome
Absolution from the instance granted against the plaintiff; costs awarded to the defendant.
Judges
Motepe
Legal Topics
Road Accident Fund Act, Causation, Negligence, Absolution From the Instance
Delict Road Accident Fund Act Causation Negligence Absolution From the Instance

Case Brief

Summary, issues, holding and outcome

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Parties

MM Van Wyk

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Absolution From the Instance After Plaintiff Closed Her Case

Legal Issues

  1. 1 Whether the plaintiff's injuries were caused by or arose from the driving of a motor vehicle as contemplated by section 17(1) of the Road Accident Fund Act.
  2. 2 Whether there was sufficient causal connection between the driving of the motor vehicle and the injury to the plaintiff.
  3. 3 Whether the conduct of the driver or occupants constituted negligence or other unlawful act for which the Road Accident Fund is liable.

Ratio Decidendi

The court found that the plaintiff's injuries were not sufficiently linked to the driving of the motor vehicle as required by section 17(1) of the Road Accident Fund Act. The evidence showed that the vehicle stopped at a stop sign and did not swerve or drive on the pavement to facilitate the throwing of the egg. The conduct that led to the plaintiff being hit was not related to negligent driving or any unlawful act carried out through the agency of the vehicle. Extending liability to such circumstances would go beyond the intention of the legislature and the object of the Act. Therefore, the plaintiff failed to establish a prima facie case, and absolution from the instance was granted.

Court Disposition

Absolution from the instance granted against the plaintiff; costs awarded to the defendant.

Orders

  • Absolution from the instance is granted against the plaintiff.
  • The plaintiff is ordered to pay the defendant's party and party costs on the High Court scale.