Venter NO and Another v Road Accident Fund (859/2007) [2011] ZAWCHC 208 (4 May 2011)

Venter NO and Another v Road Accident Fund (859/2007) [2011] ZAWCHC 208 (4 May 2011)

The court found that the evidence of both Mr Louw and Mr Fourie was unreliable and self-serving, and neither could be believed on the crucial aspect of whether the bakkie crossed the midline. The expert evidence was based on an inaccurate police report and could not conclusively establish the cause of the collision. The objective evidence indicated that the collision occurred on or near the midline, and Mr Fourie did not take all reasonable evasive action to avoid the collision. Applying the principles from Cantamessa, Van Eck, Jadezweni, and Baker, the court concluded that both drivers were causally linked to the collision and that joint negligence should be inferred. Accordingly, the...

Citation
[2011] ZAWCHC 208
Parties
Plaintiff: Larina Venter N.O.; Defendant: Road Accident Fund
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
4 May 2011
Case Number
859/2007
Procedural Posture
Civil Trial / Merits Only; Quantum Separated
Outcome
Plaintiff succeeds on 50% of her claim, with costs.
Judges
Katz AJ
Legal Topics
Motor Vehicle Collision, Negligence, Apportionment of Liability, Joint Negligence, Road Accident Fund Act
Delict Motor Vehicle Collision Negligence Apportionment of Liability Joint Negligence Road Accident Fund Act

Case Brief

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Parties

Larina Venter N.O.

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Merits Only; Quantum Separated

Legal Issues

  1. 1 What was the cause of the collision between Mr Louw's motor cycle and Mr Fourie's bakkie.
  2. 2 Did the bakkie cross the midline prior to the collision.
  3. 3 Was either or both drivers negligent, and if so, to what extent.

Ratio Decidendi

The court found that the evidence of both Mr Louw and Mr Fourie was unreliable and self-serving, and neither could be believed on the crucial aspect of whether the bakkie crossed the midline. The expert evidence was based on an inaccurate police report and could not conclusively establish the cause of the collision. The objective evidence indicated that the collision occurred on or near the midline, and Mr Fourie did not take all reasonable evasive action to avoid the collision. Applying the principles from Cantamessa, Van Eck, Jadezweni, and Baker, the court concluded that both drivers were causally linked to the collision and that joint negligence should be inferred. Accordingly, the...

Court Disposition

Plaintiff succeeds on 50% of her claim, with costs.

Orders

  • The plaintiff succeeds on 50% of her claim, with costs.
  • The qualifying fees of Professor Dreyer are allowed as part of the costs awarded to the plaintiff.