Gerber v Road Accident Fund (11/3022) [2015] ZAGPJHC 155 (26 June 2015)
Court
South Gauteng High Court, Johannesburg
Case number
11/3022
Judge
Kathree-Setiloane
The High Court found the Road Accident Fund liable after a truck collision involving gas bottles, holding the plaintiff was not negligent and rejecting novus actus.
Daniels v Moodley (480/99) [2001] ZASCA 83 (31 August 2001)
Court
Supreme Court of Appeal
Case number
480/99
Judges
Scott, Navsa, Froneman
The court held that the respondent was negligent. Despite the absence of warning signs, the respondent knew the road was under construction and unmarked, having driven on it earlier that day. A reasonable driver would have foreseen the possibility that the extended portion of the road would end within a short distance and would have adapted their driving accordingly. The respondent's failure to do so, and his assumption that the extension was part of a dual carriageway, fell short of the standard of care required. The negligence of the road authority did not absolve the respondent, as he was…