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South Africa decisions
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Matsilele v Road Accident Fund (1975/2018) [2024] ZALMPPHC 180 (19 November 2024)
High Court judgment on Road Accident Fund liability, holding that the plaintiff failed to prove negligence by the insured driver and dismissing the claim with costs.
Westmead Truck Stop CC v Imperial Logistics Refrigerated Services (Pty) Ltd and Another (40832/2012) [2014] ZAGPPHC 659 (13 August 2014)
The court found that the second defendant took all reasonable steps to warn other road users of his stationary vehicle, including activating hazard lights, placing a warning triangle behind the truck, and ensuring the presence of a reflective chevron. The evidence showed that the stationary vehicle was visible and not an inconspicuous obstruction. The plaintiff's driver failed to keep a proper lookout and did not take appropriate evasive action, such as slowing down or changing lanes, despite clear warning signs. The court concluded that the plaintiff's driver was solely responsible for the c…
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Mosiapoa v Tikane (CA 12/2009) [2010] ZANWHC 47 (18 June 2010)
The court found that the driver of the minibus was negligent in failing to reduce speed and keep a proper lookout when approaching the donkey-cart. The evidence established that the donkey-cart did not swerve and that the collision occurred from behind. The driver maintained a speed of 100km/h and did not take reasonable steps to avoid the collision, such as slowing down or allowing sufficient clearance. Applying the reasonable driver standard, the court concluded that the driver should have foreseen the risk and acted to prevent harm. The appeal was dismissed, and the Magistrate's finding of…
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Cass v Road Accident Fund (4511/07) [2009] ZAGPPHC 47 (4 March 2009)
The court found that the plaintiff's grandmother was solely responsible for the accident by overtaking at an inopportune time and swerving onto the wrong side of the road. The insured driver, faced with limited visibility and a sudden emergency, swerved to avoid the collision but was unsuccessful. The evidence did not establish that the insured driver failed to take reasonable steps to avoid the accident. The court applied the reasonable driver standard and concluded that the insured driver was not negligent. Accordingly, the plaintiff's claim was dismissed.
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