Price v Mutual & Federal Insurance Co. Ltd (2052/2003)
Price v Mutual & Federal Insurance Co. Ltd (2052/2003) [2005] ZAECHC 36; 2005 (1) SACR 501 (SE); 2007 (4) SA 51 (SE) (6 September 2005)
The court found that the defendant failed to discharge the onus to prove that the plaintiff drove his vehicle while under the influence of intoxicating liquor or drugs, or while his blood alcohol concentration exceeded the statutory limit. The evidence regarding the calibration and operation of the Lion S-D2 breathalyser was insufficiently reliable and inadequately explained, casting doubt on the accuracy of the reading. The court held that the defendant was required to establish the plaintiff’s individual partition ratio for converting breath alcohol to blood alcohol, and had not done so. Th…
Source excerpt
- Insurance Exclusion Clause
- Burden Of Proof
- Breathalyser Evidence
- Partition Ratio
- Calibration Of Instruments