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T.P.M v Road Accident Fund (Majority Judgment) (A150/2023) [2024] ZAFSHC 312 (26 September 2024)
High Court appeal on RAF liability for a child injured after falling from a bakkie was upheld; the driver was held negligent and liable for 100% of damages.
Bartins En Anders v Padongelukkefonds (4768/07) [2009] ZAFSHC 55 (7 May 2009)
The court found that the sole cause of the accident was the unreasonable swerve to the left executed by Matlatsa, the first insured driver. The blinding headlights of the oncoming vehicle did not causally contribute to the accident, as Matlatsa had sufficient visibility of the road, warning signs, and the barrier. He failed to take reasonable steps such as slowing down or shielding his eyes, and drove too fast for the wet, dark conditions. The plaintiffs did not prove negligence or causation against the second insured driver. The Road Accident Fund is liable only for the negligence of the fir…
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