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South Africa decisions
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Huckle v Road Accident Fund (2639/2019) [2021] ZAECPEHC 33 (27 May 2021)
High Court road accident claim: the plaintiff proved negligence, but contributory negligence cut the Road Accident Fund’s liability to 50%.
Tibakae v Road Accident Fund (13813/2018) [2020] ZAGPPHC 59 (4 March 2020)
The High Court assessed general damages for serious collision injuries, including brain injury and fractures, and awarded R1,080,000 after 10% apportionment.
Coertzen v Road Accident Fund (21391/2015) [2017] ZAGPPHC 320 (4 July 2017)
The court found that the insured driver failed to keep a proper lookout and turned right in the face of oncoming traffic, thereby bearing the greater responsibility for the collision. However, the plaintiff also had a duty to keep a proper lookout and could have taken evasive action had she observed the insured vehicle earlier. The evidence supported that the insured driver was primarily at fault, but the plaintiff was contributorily negligent. Accordingly, liability was apportioned, with the defendant held liable for 80% of the plaintiff's damages.
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Du Plessis v Padongelukfonds (16332/2006) [2008] ZAGPHC 305 (25 August 2008)
The court found that the evidence of the plaintiff and his son, supported by probabilities and corroborating witnesses, was more credible than that of the defendant's witness, Barnard. The plaintiff's version that he was driving in Meyer Street and that the insured vehicle entered from 12th Avenue, failing to stop at the stop sign, was accepted. The court noted inconsistencies and improbabilities in Barnard's account and found it unlikely that the plaintiff's son, aged 13, was driving. The physical evidence and witness testimony supported the plaintiff's version. Accordingly, the court held t…
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